[HISTORY: Adopted by the Township Committee of the Township
of Montague 2-10-70. Amended at time of adoption of Code. Further
amended 9-14-76 by Ord. No. 76-15; 12-27-83 by Ord. No. 83-22; 3-10-98
by Ord. No. 98-02A. Amended in its
entirety 11-13-07 by Ord. No. 2007-14. Amended in entirety 11-27-18 by Ord. No. 2018-10. Subsequent amendments noted where applicable.]
The Mayor and Township Clerk are hereby authorized to execute
an Agreement establishing a Joint Municipal Court known as "The Municipal
Court of Frankford, Lafayette, Sandyston and Montague and Walpack"
pursuant to the authority granted to the municipality by N.J.S.A.
2B:12-1 et seq. The Agreement is attached hereto as Exhibit A, and
its terms and conditions are incorporated herein by reference, as
though set forth at length.
This Ordinance No. 2018-10 will be effective upon the adoption
of reciprocal ordinances by the governing bodies of all participating
municipalities, the Township of Frankford, the Township of Lafayette,
the Township of Sandyston, the Township of Montague and the Township
of Walpack.
On the effective date of this Ordinance No. 2018-10, (as above
provided) the Joint Municipal Court heretofore existing and known
as The Municipal Court of Frankford, Lafayette, Branchville, Sandyston
and Montague/Walpack shall be abolished and its function, powers and
duties, records, property and pending cases shall be transferred to
the new Joint Municipal Court established herein.
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AGREEMENT FOR INTERMUNICIPAL COURT FOR THE MUNICIPALITIES
OF FRANKFORD TOWNSHIP, LAFAYETTE TOWNSHIP, SANDYSTON TOWNSHIP, MONTAGUE
TOWNSHIP AND WALPACK TOWNSHIP
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THIS AGREEMENT, made this 1st day of January 2019.
BY AND BETWEEN: TOWNSHIP OF FRANKFORD, a Municipal Corporation
of the State of New Jersey, located in Sussex County, New Jersey (hereinafter
called "Frankford"), with an address of 151 State Highway 206, Augusta,
New Jersey, 07822; TOWNSHIP OF LAFAYETTE, a Municipal Corporation
of the State of New Jersey, located in Sussex County, New Jersey (hereinafter
called "Lafayette"), with an address of 33 Morris Farm Road, Lafayette,
New Jersey, 07848; TOWNSHIP OF SANDYSTON, a Municipal Corporation
of the State of New Jersey, located in Sussex County, New Jersey (hereinafter
called "Sandyston"), with an address of 133 Route 645, Sandyston,
New Jersey, 07826; TOWNSHIP OF MONTAGUE, a Municipal Corporation of
the State of New Jersey, located in Sussex County, New Jersey (hereinafter
called "Montague"), with an address of 277 Clove Road, Montague, New
Jersey, 07827; and TOWNSHIP OF WALPACK, a Municipal Corporation of
the State of New Jersey, located in Sussex County, New Jersey (hereinafter
called "Walpack"), with an address of 16 Old Mine Road, Walpack, New
Jersey, 07881; and,
WHEREAS, Frankford, Lafayette, Branchville, Sandyston and Montague/Walpack
currently maintain a Joint Municipal Court for those six municipalities,
which Municipal Court is known as "The Municipal Court of Frankford,
Lafayette, Branchville, Sandyston and Montague/Walpack"; and
WHEREAS, N.J.S.A. 2B:12-1 authorizes the formation of a Joint
Municipal Court provided that an Agreement is entered into by all
of the participating municipalities and provided that such Agreement
is filed with the Administrative Director of Courts.
NOW, THEREFORE, the Township of Frankford, the Township of Lafayette,
the Township of Montague, the Township of Sandyston and the Township
of Walpack agree as follows:
1.Â
Frankford,
Lafayette, Sandyston, Montague and Walpack agree to the formation,
establishment and administration of a Joint Municipal Court to serve
those five municipalities, pursuant to N.J.S.A. 2B-12-1 et seq.
2.Â
The
Municipal Court to be established pursuant to this Agreement will
be known as "Municipal Court of Frankford, Lafayette, Sandyston, Montague
and Walpack."
3.Â
The
Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack
further agree to provide Court services for and on behalf of Walpack
Township.
4.Â
The
Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack
will have a seal bearing the name of the Court.
5.Â
The
Court will have such jurisdiction as is now, or will hereafter be
confirmed upon it by the Laws and Court Rules of the State of New
Jersey, and the practice and procedure of the Court shall be governed
by the Laws in such case made and provided in such Rules as the Supreme
Court will promulgate and make applicable to the Court.
6.Â
The
Municipal Court will have one Judge who will be known as the Judge
of the Municipal Court of Frankford, Lafayette, Sandyston, Montague
and Walpack. The Judge will be nominated and appointed as provided
by N.J.S.A. 2B:12-4. The Judge shall be an employee of the Township
of Frankford, and the Judge's salary, benefits and other expenses
shall be billed by the Township of Frankford and equally divided among
the Townships of Frankford, Lafayette, Sandyston and Montague on a
quarterly basis. The Judge's salary shall be established by the
Township of Frankford, provided that any salary increase that would
exceed 2% shall require the approval of all participating municipalities.
7.Â
The
Municipal Court will have one Court Administrator and such other necessary
clerical or other assistants as agreed upon by the participating municipalities
or as required by the Administrative Office of the Courts. The Court
Administrator and all other Court personnel shall be employees of
the Township of Frankford and their salaries, benefits and other expenses
shall be billed by the Township of Frankford and equally divided among
the Townships of Frankford, Lafayette, Sandyston and Montague on a
quarterly basis. The salaries of Court personnel shall be established
by the Township of Frankford, provided that any salary increase that
would exceed 2% shall require the approval of all participating municipalities.
8.Â
The
Municipal Court will be located at the Municipal Building for the
Township of Frankford. The Township of Frankford will make available
for the Court, the courtroom and offices for the personnel of the
Court. In consideration for Frankford Township's contribution
of the Court Facility, rent at the flat rate of $20,000.00 per year,
equally divided among the Townships of Frankford, Lafayette, Sandyston
and Montague, shall be paid to the Township of Frankford for all portions
of the Frankford Township Municipal Building that are used exclusively
and non-exclusively by Court personnel for the administration of the
Court. At the time of the execution of this Agreement, these areas
include the office of the Court Administrator, Chambers of the Judge,
conference room, courtroom, together with all common areas and the
parking lot utilized when the Court is in session.
9.Â
The
Court Facility is presently in compliance with all mandates of the
Administrative Office of the Courts. In the event any further improvements
are mandated during the term of this Agreement, all participating
municipalities will share equally in the cost of complying with any
such mandates.
10.Â
To the extent that any revenue cost or fine received by the Municipal
Court is recoverable by a municipality (for example, but not by way
of limitation, fines for violations of municipal ordinances), such
revenue cost or fine shall be the property of, and allocated and delivered
to the individual municipality in which the violation, warrant, complaint
or ticket was issued; provided however, that any revenue recoverable
by the Township of Walpack shall be retained by the Municipal Court
in lieu of any additional monetary obligation, and in full compensation
for the Court services provided to the Township of Walpack by the
Township of Frankford under this Agreement.
11.Â
Frankford Township shall maintain all required insurances with respect
to the operation of the Court and the Frankford Township Municipal
Building, wherein the Court is to be operated. Lafayette, Sandyston,
Montague and Walpack Townships agree to notify their general liability
insurance carriers that they will be maintaining a Joint Court at
the Frankford Township Municipal Building, and each Township shall
be responsible, to the extent required by their individual insurers,
to obtain any additional insurance and/or endorsements from their
respective insurers with respect to the Court and/or its operations.
12.Â
The Court will have a Prosecutor and Assistant Prosecutor, and any
required substitute prosecutors as may be required by the rules and
regulations of the Administrative Office of the Courts. The Prosecutor
and Assistant Prosecutor shall be appointed by the Township of Frankford,
who will be known as the "Prosecutor and Assistant Prosecutor of the
Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack".
The Prosecutor and Assistant Prosecutor will receive compensation
as authorized by a professional services contract, and as approved
by Frankford Township upon appointment. The Prosecutor and Assistant
Prosecutor will serve for such term fixed by said professional services
contract.
13.Â
A Municipal Court Committee will be created and operated to act as
a liaison between Court personnel and representatives of the governing
body of each participating municipality. Each participating municipality
agrees to designate one member of their governing body to serve on
the Municipal Court Committee, which Committee will meet from time
to time to assure that there is cooperation between the municipalities
and communication of all matters relating to the Municipal Court.
14.Â
Any of the participating municipalities may withdraw from the Joint
Court created herein upon a minimum of six months' written notice
to all other participating municipalities, and no such withdrawal
may be effective until December 31 of the same calendar year. In addition,
any such withdrawal shall be subject to approval by the Administrative
Office of the Courts, and shall become effective upon the date so
approved. All Court files of the withdrawing municipality shall be
retained, maintained and/or disposed by the Joint Court, in accordance
with the applicable rules and regulations. Any matters pending in
the Joint Court as of the effective date of withdrawal that emanated
from the withdrawing municipality shall be concluded in the Joint
Court with any fines or costs payable to the withdrawing municipality
being retained by the Joint Court in compensation for concluding the
adjudication of each such pending matter.
15.Â
Pursuant to N.J.S.A. 2B:9-1, the municipalities of Frankford, Lafayette,
Branchville, Sandyston, Montague and Walpack agree that the Municipal
Court formerly known as the "Municipal Court of Frankford, Lafayette,
Branchville, Sandyston and Montague/Walpack" is abolished and that
all Agreements between the aforesaid municipalities relating to the
Municipal Court of Frankford, Lafayette, Branchville, Sandyston and
Montague/Walpack are hereby rescinded and of no force or effect.
16.Â
This Agreement will become effective only after ordinances authorizing
the execution of this Agreement and establishment of the Municipal
Court have been passed by the governing bodies of each of the five
municipalities. Upon passage of the ordinances and full execution
of this Agreement, this Agreement will be filed with the Administrative
Director of Courts.
