[1975 Code §§ 2-6.1 – 2-6.3]
a. 
The Municipal Court of the Borough of South Toms River is hereby created and established in accordance with N.J.S.A. 2B:12-1 et seq.
b. 
The name of the Municipal Court shall be the "Municipal Court of Borough of South Toms River, in the County of Ocean."
c. 
The Municipal Court of the Borough of South Toms River shall have a seal which shall bear the impress of the name of the Court.
[1975 Code §§ 2-6.4; 2-6.5; New]
a. 
Pursuant to N.J.S.A. 2B:12-4, the Judge of the Municipal Court shall be appointed by the Mayor with the advice and consent of the Borough Council. The Judge of the Municipal Court shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified. Any appointment to fill a vacancy other than by expiration of term shall be made for the unexpired term only.
b. 
The Judge of the Municipal Court shall, before entering upon the duties of his office, take and subscribe an oath in substantially the same manner as provided in Statutes.
c. 
The Judge of the Municipal Court shall receive a salary as established in the current Salary Ordinance.
[New]
Pursuant to N.J.S.A. 2B:12-7, the Judge of the Municipal Court shall be a resident of the State and an attorney at law admitted to practice in this State at least five years previously.
[1975 Code § 2-6.6; 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. 2B:12-1 et seq., as amended and supplemented, and by any other Acts of the State Legislature.
[1975 Code § 2-6.9; New]
The Court shall hold regular sessions at the Municipal Building the time of which shall be determined by resolutions of the Mayor and Council duly adopted provided however that such other sessions may be held as the Municipal Judge shall prescribe or as shall be prescribed by the rules of the Supreme Court.
[New]
Whenever the Judge of the Municipal Court shall be unable to sit, he may designate another Municipal Judge from another Municipal Court to sit for him temporarily and hold Municipal Court. Any such designation shall be in writing and shall be filed in the Court and any such person so designated while sitting temporarily shall have all of the power of the Judge of such Court.
[1975 Code §§ 2-6.7; 2-6.8]
The Mayor and Council shall provide for a Court Administrator and any other necessary clerical and other assistants as may be required for the Municipal Court. Compensation for the Court Administrator and other Court personnel shall be established by ordinance by the Borough Council. The Court Administrator shall be appointed for a term of three years and shall perform such functions and duties as shall be prescribed for him by law, the rules applicable to Municipal Courts, and by the Municipal Judge.
[1975 Code § 2-6.10]
There is hereby created the position of Deputy Court Administrator, who shall be appointed by the Borough Council and who shall serve for a term of three years from the date of their appointment and until their successor is appointed and qualified. The duties of the Deputy Court Administrator shall include the operation of the Municipal Court recorder system, acting as the Court Administrator for and in the absence of the regularly appointed Court Administrator and all such other duties as are consistent with the position, as may be assigned by the Court Administrator, the Judge of the Municipal Court, the Mayor or by resolution of the governing body.
[1975 Code § 2-7.1]
There is hereby created the Office of Municipal Prosecutor. The Municipal Prosecutor shall be appointed by the Mayor with the advice and consent of the Borough Council.
[1975 Code § 2-7.2]
The term of office for the Municipal Prosecutor shall be as set forth in N.J.S.A. 40:87-15, or as same may be otherwise amended.
[1975 Code § 2-7.3]
It shall be the duty of the Municipal Prosecutor to prosecute any and all matters on behalf of the governing body or any of the municipal Departments, committees, agencies or boards as requested.
[1975 Code § 2-7.4]
The Municipal Prosecutor shall receive compensation as established by the salary ordinance. The position of Municipal Prosecutor shall be a part time position and the Municipal Prosecutor shall be available for Court appearances as required.
[1]
Editor's Note: See Section 2-59, Application for Services of the Municipal Public Defender.
[Ord. No. 2-98 § 1]
The Office of Municipal Public Defender of the Borough is hereby created pursuant to S-1886, thereby formally amending and supplementing Title 2B of the New Jersey Statutes and repealing N.J.S.A. 2B:12-28.
[Ord. No. 2-98 § 2]
The Municipal Public Defender shall be appointed by the Mayor with the consent of the Council. No person shall hold office as Municipal Public Defender and hold any other office or position in the Borough.
[Ord. No. 2-98 § 3]
The term of Municipal Public Defender shall be for one year, expiring on December 31st of each year.
[Ord. No. 2-98 § 4]
The compensation of the Municipal Public Defender shall be established by the Borough Council in the Salary and Wage Ordinance of the Borough.
[Ord. No. 2-98 § 5]
The Municipal Public Defender shall be a duly licensed attorney at law of the State of New Jersey. The Municipal Public Defender shall be appointed by the Borough to represent indigent defendants in proceedings over which the Borough Municipal Court has jurisdiction.
[Ord. No. 2-98 § 6]
The Municipal Public Defender shall represent an indigent defendant charged in Municipal Court with a disorderly persons or petty disorderly persons offense, or with a crime as specified in N.J.S.A. 2B:12-18 or with the violation of any statute, ordinance or regulation of a penal nature where, in the opinion of the Municipal Court, there is a likelihood that the person, if convicted, will be subject to imprisonment. The Municipal Public Defender shall represent an indigent defendant charged in Municipal Court with a crime as specified in N.J.S.A. 2B:12-18 or, if in the opinion of the Municipal Court there is a likelihood that the defendant, if convicted, of any other offense will be subject to imprisonment or other consequence of magnitude, the Municipal Public Defender shall represent an indigent defendant.
[Ord. No. 2-98 § 7]
All communications between the indigent defendant and the Municipal Public Defender or any other attorney appointed to act as a Municipal Public Defender shall be fully protected by the attorney/client privilege to the same extent and degree as though counsel had been privately engaged. This shall not preclude the use by a Municipal Public Defender of privileged material for the preparation and disclosure of statistical, case study and other sociological data provided that in any such use there shall be no disclosure of the identify of or means for discovery of the identity of particular defendants.
[Ord. No. 2-98 § 8]
If there is a vacancy in the Office of Municipal Public Defender or if the Municipal Public Defender is temporarily unavailable, or if a finding of conflict of interest precludes the Municipal Public Defender from representing an indigent defendant, the Municipal Prosecutor may prosecute the offense if the Municipal Court appoints a qualified attorney to represent the indigent defendant. Unless rates are otherwise established by the Borough, the attorney shall be entitled to compensation at the same rate as the attorneys hired by the New Jersey Office of Public Defender in conflict cases, with payment to be made within 30 days. Once appointed, the attorney shall carry out all duties of the Municipal Public Defender in connection with the case that is the subject of the appointment.
[Ord. No. 2-98 § 11]
In addition to any other means provided by the law for the removal from office of a public official, the Municipal Public Defender may be removed by the Borough Council of the Borough for good cause shown and after a public hearing, and upon due notice and an opportunity to be heard. Failure to reappoint the Municipal Public Defender for a second or subsequent term does not constitute a "removal from office" within the meaning of this subsection.
[Ord. No. 2-98 § 12]
The Municipal Public Defender may represent private clients in the Borough subject to the Rules of Court Governing the Conduct of Lawyers, Judges and Court Personnel.