Borough of Elmer, NJ Municipal Court

[Ord. No. 2003-12 §§ 1-2; Ord. No. 2011-6 §§ 1-12]

Agreement Authorized. Pursuant to the authority found in N.J.S.A. 2B:12-1b:

An interlocal services agreement entitled "Agreement Between the Borough of Woodstown, Mannington Township, Borough of Elmer, Quinton Township and Oldmans Township to Establish the "Mid Salem County Municipal Court" hereafter referred to as "said Agreement" which agreement is on file in the Office of the Elmer Borough Clerk, Municipal Building, 120 South Main Street, Elmer, New Jersey, and available for public inspection between 9:00 a.m. and Noon, Monday through Friday, is hereby authorized to be entered into by Elmer Borough, and its Mayor and Clerk are authorized to sign same as evidence of this authorization.

Court Established. By this section and said Agreement, and by similar ordinances adopted by the Township of Mannington, Borough of Woodstown, the Township of Quinton and the Township of Oldmans, there is established a single Mid Salem County Municipal Court for the Borough of Woodstown, Mannington Township, Borough of Elmer, Quinton Township and Oldmans Township entitled "The Mid Salem County Municipal Court" hereinafter referred to as the "Mid Salem County Municipal Court." The jurisdiction of this Mid Salem County Municipal Court shall be coextensive with the territories of Mannington Township, the Borough of Woodstown, the Borough of Elmer, Quinton Township and Oldmans Township, in Salem County, New Jersey.

Municipal Court Judge. The Judge of the Mid Salem County Municipal Court shall be nominated and appointed by the Governor of the State of New Jersey, with the advice and consent of the Senate of the State of New Jersey, and shall serve for a term of three years from the date of appointment and until a successor is appointed and qualified.

Appointment of Personnel. The Administrator, Deputy Administrator(s), Prosecutor, Public Defender and all other personnel shall be appointed by mutual agreement and duplicate resolutions by Mannington Township, hereinafter referred to as "Mannington," the Borough of Woodstown, hereinafter referred to as "Woodstown," the Borough of Elmer, hereinafter referred to as "Elmer," Quinton Township, hereinafter referred to as "Quinton" and Oldmans Township, hereinafter referred to as "Oldmans."

Effective Date. The Mid Salem County Municipal Court shall become effective and commence on April 1, 2011 and on that date the Woodstown-Mannington-Elmer-Quinton Municipal Court heretofore existing for the Borough of Woodstown, Mannington Township, Borough of Elmer, and Township of Quinton shall be abolished and their functions, power and duties, records, and pending cases shall be transferred to the Mid Salem County Municipal Court established pursuant to this section and by a similar ordinance adopted by the Borough of Woodstown, Mannington Township, Quinton Township and Oldmans Township and by agreement between them.

Location. Woodstown shall furnish all facilities, such as court room, judge's chamber, administrator's office, violations bureau, recording equipment, phones, computers, filing cabinets and furniture for the proper administration of justice in the Mid Salem County Municipal Court.

Mid Salem County Municipal Court Committee. A Mid Salem County Municipal Court Committee shall be formed consisting of one representative appointed by Woodstown, one representative appointed by Mannington, one representative appointed by Elmer, one representative appointed by Quinton and one representative appointed by Oldmans. This Mid Salem County Municipal Court Committee shall establish the times and place when the Mid Salem County Municipal Court shall be convened and determine such other details regarding the administration of the Court that do not require action by the governing bodies.

Compensation; Expenses. Compensation for the Judge, Administrator, Deputy Administrator, Prosecutor and all other personnel for the Joint Court shall be fixed by mutual agreement and duplicate ordinances adopted by Woodstown, Mannington, Elmer, Quinton and Oldmans. The expenses for the operation of the Mid Salem County Municipal Court shall be approved by Woodstown, Mannington, Elmer, Quinton and Oldmans. Woodstown shall make payment of said compensation and expenses and shall be reimbursed by Mannington, Elmer, Quinton and Oldmans for their share of same, upon presentation of monthly vouchers addressed to Mannington, Elmer, Quinton and Oldmans from Woodstown. A Joint Municipal Public Defender shall be appointed to defend all cases for which assigned counsel is required. Total expenditures for compensation and expenses for each year shall be Joint by the municipalities with Woodstown paying 20%, Mannington paying 19%, Elmer paying 29%, Quinton paying 12% and Oldmans paying 20%. In addition to this allocation of expenses, Mannington, Elmer, Quinton and Oldmans shall each pay to Woodstown a separate sum to be agreed from time to time for administration and overhead expenses. This rate of sharing shall continue until and unless changed by mutual agreement between the parties which may be approved by mutual resolutions, and shall be reviewed annually.

Disposition of fines, costs, fees. All fines, costs, fees, penalties and forfeitures, including forfeitures of bail, imposed by the Mid Salem County Municipal Court, and any other funds, which are distributed to local municipalities, shall be paid over and forwarded to the Financial Officer for that municipality in which the complaint, charge, events, acts or violation arose which produced the particular fine, cost, fee, penalty, forfeiture or other funds. Distribution of such monies shall be made on a monthly basis directly to the respective municipalities along with a monthly report. Each municipality shall receive a copy of the monthly reports.

Withdrawal of Municipality. The Mid Salem County Municipal Court shall continue indefinitely on a year to year basis unless terminated by either the Township of Mannington, the Borough of Woodstown, the Borough of Elmer, the Township of Quinton or the Township of Oldmans adopting an ordinance prior to September 1 withdrawing its municipality from said Mid Salem County Municipal Court effective December 31 of that same year and after advance written notice to the other municipalities prior to September 1 for the termination on December 31 of that same year.

Amendment of Agreement. The provisions of this section may be subject to modification from time to time and may be amended by the parties by mutual agreement, including the adoption of duplicate resolutions, or ordinances when necessary, by the respective municipalities.

All employees of the Mid Salem County Municipal Court shall receive an annual salary as set forth on the Annual Salary Ordinance adopted for the Borough of Woodstown.