[1973 Code § 2-10.1; New]
There is hereby established in the Borough of Lake Como pursuant
to N.J.S.A. 2A:8-1, as amended and supplemented, a Municipal Court
which shall be entitled the Municipal Court of the Borough of Lake
Como.
[1973 Code § 2-10.2]
The Municipal Court of the Borough of Lake Como shall have a
seal which shall bear the impress of the name of the Court.
[1973 Code § 2-10.3; New]
The Judge of the Municipal Court shall be appointed by the Mayor
and confirmed by Council. The Judge of the Municipal Court shall serve
for a term of three (3) years from the date of his appointment and
until his successor is appointed and qualified. Any appointment to
fill a vacancy caused other than by expiration of term shall be made
for the unexpired term only.
[1973 Code § 2-10.5; New]
The Municipal Court shall have, possess and exercise all the
functions, powers, duties and jurisdiction, both territorial and subject
matter, in such matters as conferred upon the Court pursuant to N.J.S.A.
2A:8-1 et seq., as amended and supplemented, and by any other Acts
of the State Legislature.
[1973 Code § 2-10.7]
The salary of the Judge of the Municipal Court shall be an annual
salary as established by the Borough Salary Ordinance.
[1973 Code § 2-10.4; New]
The Mayor and Council shall provide for a Municipal Court Administrator,
Deputy Court Administrator, and any other necessary clerical and other
assistants as may be required for the Municipal Court. Compensation
for the Municipal Court Administrator, Deputy Court Administrator
and other Court personnel shall be established by the Borough Salary
Ordinance.
[New]
The Municipal Prosecutor shall be appointed by the Mayor and
affirmed by the Council. The Municipal Prosecutor shall serve for
a term of one (1) year from the date of his appointment and until
his successor is appointed and qualified. The appointment shall be
made at the annual reorganization meeting in January of each year.
If a vacancy occurs during the course of the year, any appointment
shall be for the balance of the unexpired year.
[New]
The Municipal Prosecutor shall appear at all Court sessions
and prosecute all complaints presented by the Police Department of
the Borough of Lake Como and any other complaints as required by law.
[New]
The salary of the Prosecutor shall be his annual salary as established
by the Borough Salary Ordinance.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 96-637.
[Ord. No. 2004-733]
In accordance with P.L. 1997 c. 256 of the Laws of New Jersey,
there is hereby created the position of Public Defender for the Borough
of Lake Como. This position shall be filled by resolution of the Mayor
and Council. The term of office of the Public Defender shall be one
(1) year, commencing at the annual reorganization of the Governing
Body and concluded one (1) year from the date of the annual reorganization.
[Ord. No. 2004-733]
The Public Defender shall be an individual who is licensed to
practice law in the State of New Jersey and shall be paid on a per-case
basis when retained to represent indigent defendants as directed by
the Municipal Court Judge.
[Ord. No. 2004-733]
a.
In order to retain the services of Public Defender, an application
must be filed in Municipal Court, on a form to be provided by the
Court. The Municipal Court Judge shall make a decision as to whether
a defendant is indigent after reviewing each defendant's application.
This determination shall be based upon whether the defendant has the
financial ability to secure competent legal representation and to
provide all necessary expenses of representation. Need shall be determined
in accordance with N.J.S.A. 2A:158A-14.
b.
The Municipal Court Judge shall assess a maximum application fee
up to two hundred ($200) dollars from each applicant for the services
of the Public Defender. Such fee shall be payable regardless of whether
the applicant is found to require the services of the Public Defender;
however, the Municipal Court Judge may waive this fee in whole or
in part if the Judge determines that this application fee represents
an unreasonable burden on the defendant. The defendant's inability
to pay the application fee shall in no way affect or reduce the level
of services to be rendered to that defendant. In the case of a defendant
who is unable or unwilling to pay the application fee and for whom
the fee was not waived, the fee shall become a lien, and the Borough
may authorize the Borough Attorney to collect the fee consistent with
the provisions of P.L. 1997, c. 256, N.J.S.A. 40:6A-1, N.J.S.A. 2A:158A-19
or in any manner as permitted by law.
c.
Any funds collected pursuant to paragraph b. above shall be deposited
in a dedicated fund to be administered by the Chief Financial Officer
and those funds shall be used exclusively to meet the costs incurred
in providing the services of the Public Defender or, if required,
attendant expert and lay investigation services.
[Ord. No. 2004-733]
The Public Defender shall receive a compensation in an amount
not to exceed that sum provided annually in the Salary Ordinance,
which shall be payable in the manner set forth in a contract for professional
services upon such terms and conditions as may lawfully be agreed
upon.
