[Amended by Ord. No. 87:2; Ord. No. 94:17; Ord. No. 98:11]
A.
Establishment; powers. There shall be a Municipal
Court in the Township pursuant to the provisions of N.J.S.A. 2B:12-1
et seq., to be known as the "Municipal Court of the Township of Parsippany-Troy
Hills, Morris County." The Municipal Court shall have the jurisdiction
and powers as set forth by law.
[Amended 12-20-2005 by Ord. No. 2005:31]
B.
Municipal Judges; powers and duties; qualifications.
There shall be no less than one nor more than two Judges of the Municipal
Court, who shall be appointed by the Mayor with the advice and consent
of the Council and who will serve in accordance with law. Whenever
required for the conduct of matters before his Municipal Court, the
Judge may appoint a court stenographer within the limits of available
appropriations.
C.
Municipal Court Administrator.
[Amended 12-20-2005 by Ord. No. 2005:31]
(1)
There shall be an Administrator and other court personnel
of the Municipal Court who shall be appointed by the Mayor and shall
perform the functions and duties prescribed by law.
(2)
The duties shall include, but not be limited to:
(a)
Carrying out the rules, regulations, policies and
procedures relating to the operation of the court;
(b)
Interviewing and speaking to persons wishing to file
criminal complaints or wishing information in this regard; receiving
complaints and dispensing information relating to Court matters;
(c)
Maintaining the financial records of the Court;
(d)
Attending Court; recording pleas, judgments and dispositions;
arranging trial calendars; signing Court documents; preparing and
issuing warrants and commitments;
(e)
Taking and preparing bail bonds, recognizances, and
security in lieu thereof; making inquiry concerning their sufficiency
and equity; receiving and accounting for fines and costs;
(f)
Maintaining, forwarding, receiving and reporting such
records, reports, and files as are required by law.
D.
Municipal Public Defender.
(1)
Pursuant to Public Law 1997, Chapter 256,[1] at least one Municipal Public Defender shall be appointed
by the Mayor with the advice and consent of the Council. If determined
to be necessary, there shall be a Chief Municipal Public Defender
and such Deputy Municipal Public Defender(s) as required. The Municipal
Public Defender and any Deputy Municipal Public Defender shall be
qualified as an attorney-at-law of the State of New Jersey in good
standing and shall be appointed for a term of one year from the date
of appointment and may continue to serve in office pending reappointment
or appointment of a successor.
[1]
Editor's Note: N.J.S.A. 2B:24-1 et seq.
(2)
The Municipal Public Defender shall receive such compensation
as provided by agreement. The Municipal Public Defender shall have
all the duties provided by P.L. 1997, c. 256,[2] in the representation of indigent defendants in proceedings
over which the local Municipal Court has jurisdiction.
[2]
Editor's Note: N.J.S.A. 2B:24-1 et seq.
(3)
It shall be the duty of the Municipal Public Defender to represent, except in the case of temporary unavailability or conflict of interest, any defendant charged with an offense in Municipal Court who is an indigent municipal defendant entitled to representation pursuant to Subsection E. All necessary services and facilities of representation, including both expert and lay investigation and testimony as well as other preparations, shall be provided in every case.
(4)
The Municipal Public Defender shall be responsible
for handling all phases of the defense, including but not limited
to discovery, pretrial and posttrial hearings, motions, removals to
Federal District Court and other collateral functions reasonably related
to the defense. As used in this subsection, "posttrial hearing" shall
not include de novo appeals in Superior Court.
(5)
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.
(6)
If there is a vacancy in the office of Municipal Public
Defender, 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 municipality, the attorney shall be entitled to
compensation at the same rate as attorneys hired by the Office of
the 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.
(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 has been privately engaged. This shall not preclude the use
by the 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
identity of or means for discovery of the identity of particular defendants.
E.
Application for representation by Public Defender.
(1)
Fees. A person applying for representation by the
Municipal Public Defender shall pay an application fee of $200. In
accordance with the guidelines promulgated by the New Jersey Supreme
Court, the Municipal Court may waive any required application fee,
in whole or in part, only if the Court determines, in its discretion,
upon a clear and convincing showing by the applicant, that the application
fee represents an unreasonable burden on the person seeking representation.
The Municipal Court may allow an applicant to pay the application
fee over a specific period of time not to exceed four months.
(2)
Eligibility for services.
(a)
Eligibility for services of the Municipal Public Defender
shall be determined by the Municipal Court on the basis of the need
of the defendant. Need shall be measured as provided by law and in
accordance with guidelines promulgated by the New Jersey Supreme Court.
(b)
In the event that a determination of eligibility cannot
be made before the time when the first services are to be rendered,
or if an initial determination is found to be erroneous, the Municipal
Court shall refer the defendant to the Municipal Public Defender provisionally,
and if subsequently it is determined that the defendant is ineligible,
the Municipal Court shall inform the defendant, and the defendant
shall be obliged to engage his own counsel and to reimburse the municipality
for the cost of the services rendered to that time.
(3)
Investigation of financial status.
(a)
The Municipal Court shall make an investigation of
the financial status of each defendant seeking representation and
shall have the right to request a defendant to execute and deliver
written requests or authorizations required, to provide the court
with access to records of public or private sources, otherwise confidential,
as may be of aid in evaluating eligibility.
(b)
Whenever a person entitled to representation by a
Municipal Public Defender pursuant to this section is under the age
of 18 years, the eligibility for services shall be determined on the
basis of the financial circumstances of the individual and the financial
circumstances of the individual's parents or legal guardians. The
municipality shall be entitled to recover the cost of legal services
from the parents or legal guardians, and the Municipal Court shall
have authority to require the parents or legal guardians to execute
and deliver the written requests or authorization required under applicable
law in order to provide the Court with access to records of public
or private sources, otherwise confidential, as may be of aid to it
in evaluating eligibility.
(c)
If the defendant has or reasonably expects to have
means to meet some part, though not all, of the cost of services rendered,
the defendant shall reimburse the Township, and the Township shall
have a lien on any property to which the defendant shall have or acquire
an interest for an amount equal to the reasonable value of the services
rendered. Notice of lien shall be filed by the Township Attorney according
to the provisions of P.L. 1997, Ch. 256.[3] The Township Attorney may do all things necessary to collect
any money due to the Township for services rendered by a Municipal
Public Defender.
[3]
Editor's Note: N.J.S.A. 2B:24-1 et seq.
(4)
Establishment of fund. Funds collected for the application
fee shall be deposited in a dedicated fund administered by the Chief
Financial Officer of the Township. The funds shall be used exclusively
to meet the cost incurred in providing the services of a Municipal
Public Defender, including, when required, expert and lay investigation
and testimony.
There shall be a Planning Board pursuant to Chapter 225, Land Use, Subdivisions and Site Plans, of the Township Code.
There shall be a Zoning Board of Adjustment pursuant to Chapter 225, Land Use, Subdivisions and Site Plans, of the Township Code.
Within the Department of Finance there shall
be a Division of Assessments, the head of which shall be the Chief
Assessor. He shall be appointed for the term prescribed by law, and
he shall serve as advisor to the Board of Assessment. The powers and
duties of the Division of Assessments are:
A.
To have, perform and discharge all the functions,
powers and duties prescribed by law for a Municipal Assessor;
B.
To maintain adequate assessment records of each separate
parcel of real property assessed or exempted and establish and maintain
such files, records and procedures as may be required for valuation
and assessment pursuant to law;
C.
To maintain a current Tax Map of the Township as a
public record and cause to be recorded thereon all changes in ownership
or character of the real property assessed, employing for that purpose
the facilities of other departments.
There shall be a Special Assessment Committee
which shall have the powers and duties provided by N.J.S.A. 40:56-21
et seq.
