[Adopted 12-11-2018 by Ord. No. 2018-14[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Municipal Court of Frankford, Lafayette, Branchville,
Montague and Sandyston, adopted 11-5-2007 by Ord. No. 11-07
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.
The Municipal Court to be established pursuant to this article
will be known as the "Municipal Court of Frankford, Lafayette, Sandyston,
Montague and Walpack."
The Municipal Court of Frankford, Lafayette, Sandyston, Montague
and Walpack further agree to provide Court services for and on behalf
of Walpack Township.
The Municipal Court of Frankford, Lafayette, Sandyston, Montague
and Walpack will have a seal bearing the name of the Court.
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.
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.
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.
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 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 nonexclusively by Court personnel for the administration of the
Court. At the time of the execution of this article, 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.
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 article, all participating
municipalities will share equally in the cost of complying with any
such mandates.
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 article.
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.
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.
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.
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.
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 article 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.
This article will become effective only after ordinances authorizing
the execution of this article 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 article,
this article will be filed with the Administrative Director of Courts.
