[HISTORY: Adopted by the Township Committee of the Township of Lacey
5-17-1974 as Ch. 7 of the 1974 Code; amended in its entirety at time of adoption
of Code 7-11-1996 by Ord. No. 96-36; see Ch. 1, General Provisions, Art. I.
Subsequent amendments noted where applicable.]
A Municipal Court of the Township of Lacey, in the County of Ocean,
was established as of June 1, 1974, pursuant to the provisions of N.J.S.A.
2A:8-1 et seq., which has since been replaced by N.J.S.A. 2B:12-1 et seq.
The name of said Municipal Court shall be the "Municipal Court of the
Township of Lacey, in the County of Ocean."
The Municipal Court of the Township of Lacey shall have a seal, which
shall bear the name of the Court.
There shall be a Judge of said Municipal Court who shall be appointed
by the governing body of the Township of Lacey. Said Municipal Court Judge
shall serve for a term of three years from the date of his or her appointment
and until his or her successor is appointed and qualified. Any appointment
to fill a vacancy not caused by the expiration of term shall be made for the
unexpired term only.
Every Judge, temporary Judge and Acting Judge of a Municipal Court shall
be a resident of this state and an attorney at law admitted to practice in
the state for at least five years.
The Judge of said Municipal Court shall receive an annual salary which
shall be fixed by the Salary Ordinance of the Township of Lacey.[1] Said salary shall be paid in the same manner as the salaries of
other municipal officers are paid. Said salary shall be in lieu of all fees.
Said Municipal Court of the Township of Lacey and the Judge thereof
shall have, possess and exercise all of the functions, powers and duties conferred
by law upon said Court and Magistrate.
A Municipal Court of a single municipality shall have jurisdiction over
cases arising within the territory of that municipality. Territory of a municipality
includes any premises or property located partly in and partly outside of
the municipality. If a Municipal Court Judge is serving as an Acting Judge
in any other Municipal Court in the county, he or she may also hear matters
arising out of that other Court while sitting in the Court where he or she
holds a regular appointment.
A.
A Municipal Court has jurisdiction over the following
cases within the territorial jurisdiction of the Court:
(1)
Violations of municipal ordinances.
(2)
Violations of the motor vehicle and traffic laws.
(3)
Disorderly persons offenses, petty disorderly persons
offenses and other nonindictable offenses except where exclusive jurisdiction
is given to the Superior Court.
(4)
Violations of the fish and game laws.
(5)
Proceedings to collect a penalty where jurisdiction is
granted by statute.
(6)
Any other proceedings where jurisdiction is granted by
statute.
B.
Where the person charged waives indictment and trial
by jury in writing and the County Prosecutor consents in writing, a Municipal
Court has jurisdiction for those crimes specified in N.J.S.A. 2B:12-18 which
occur in the territorial jurisdiction of the Court.
[Amended 7-25-2002 by Ord.
No. 02-24]
There shall be an Administrator of the Municipal Court of the Township
of Lacey, who shall be appointed by the governing body of the Township of
Lacey. The Administrator of the Municipal Court of the Township of Lacey will
receive an annual salary which shall be fixed by the Salary Ordinance of the
Township of Lacey.[1] The salary shall be paid in the same manner as the salaries of
other municipal officers and employees. Such salary shall be paid in lieu
of any other fees.
A.
A person shall be certified as a Municipal Court Administrator
if the person:
(1)
Is a high school graduate.
(2)
Has a combination of two years of either full-time government
employment performing duties related to those of Municipal Court Administrator
or higher education.
(3)
Completes the training required by the Municipal Court
Administrator Certification Board appointment by the Supreme Court.
(4)
Passes the examination held by the Municipal Court Administrator
Certification Board.
(5)
Pays any required certification fee.
B.
If a person has been serving in the position of Municipal
Court Administrator for five years on the effective date of this chapter,
he or she shall be certified as a Municipal Court Administrator if he or she
passes the examination held by the Municipal Court Administrator Certification
Board and pays any required certification fee. If said person has been serving
that position for three years on the effective date of this chapter, he or
she shall be certified as a Municipal Court Administrator if he or she completes
the training required by a Municipal Court Administrator Certification Board,
passes the examination held by a Municipal Court Administrator Certification
Board and pays any required certification fee. A certificate issued pursuant
to this section may be revoked or suspended by the Municipal Court Administrator
Certification Board for dishonest practices or failure to perform, or neglect
of, duties of a Municipal Court Administrator.
The Administrator of the Municipal Court shall perform such functions
and duties as shall be prescribed for said Administrator by law, by the rules
applicable to Municipal Courts and by the Judge of the Municipal Court of
the Township of Lacey.
Any process, order, warrant or judgment issued by the Municipal Court
may be signed by the Judge or be attested in the Judges' name and signed by
the Municipal Court Administrator. The Municipal Court Administrator shall
have the authority granted by law and the Rules of Court to Administrators
and Clerks of Courts of record.
Before assuming the duties of office, a Judge or Administrator of the
Municipal Court of the Township of Lacey, or person employed by the Municipal
Court of the Township of Lacey who handles money in the scope of that employment,
shall be covered by a bond or insurance against loss or misappropriation of
funds payable to the Township of Lacey, county, and state, in an amount and
with terms set by the Township of Lacey.
There is hereby created the position of Deputy Court Administrator of
the Municipal Court of the Township of Lacey. The Deputy Court Administrator
of the Municipal Court of the Township of Lacey will receive an annual salary
which shall be fixed by the Salary Ordinance of the Township of Lacey.[1] The salary shall be paid in the same manner as the salaries of
other municipal officers and employees. The salary shall be paid in lieu of
any other fees. The Deputy Court Administrator shall perform such functions
and duties as shall be prescribed for the Deputy Court Administrator by law,
the rules applicable to Municipal Court and by the Judge of the Municipal
Court.
The Municipal Court of the Township of Lacey shall be held at the Municipal
Building, Lacey Road, Forked River, Township of Lacey, Ocean County, New Jersey.
The Judge of the Municipal Court of the Township of Lacey shall sit on such
days and at such times as the business of the Court requires and as set by
said Judge, subject to the rules applicable to Municipal Courts.
[Amended 3-12-1998 by Ord.
No. 98-07; 12-22-1998 by Ord.
No. 98-44]
Pursuant to N.J.S.A. 2B:24-17, the Township of Lacey shall require any
person applying for representation by the Municipal Public Defender to pay
an application fee of not more than $200. The Municipal Court may waive any
required application fee, in whole or in part, if the Court determines, in
its discretion, that the application fee represents an unreasonable burden
on the person seeking representation.
