[Amended 1-9-2006 by Ord. No. 38-2005]
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 Old Bridge." The Municipal
Court shall have a Seal bearing the impress of the name of the Court.
The Court shall be held in the Township Hall or such other places
as the Council shall designate from time to time and shall exercise
all the functions, powers, duties and jurisdiction conferred by law
upon municipal courts.
[Amended 2-16-1988 by Ord. No. 4-88; 3-13-1995 by Ord. No.
13-95; 5-12-1997 by Ord. No. 18-97]
A.
Designation of judges.
(1)
Appointment.
(a)
There shall be a Chief Municipal Judge and a
Municipal Judge of the Municipal Court appointed by the Mayor with
the advice and consent of the Council. The Chief Municipal Judge and
the Municipal Judge shall serve for terms of three years from the
date of appointment and until a successor is appointed and qualified.
Vacancies must be filled for the unexpired term only.
(b)
Procedures for Council advice and consent. In
support of any request for advice and consent as to any Municipal
Court Judge, the Mayor shall provide the Township Council with the
following information:
[1]
The name of the Mayor's appointee shall be filed
with the Township Clerk at least 30 days prior to action by the Township
Council granting or denying advice and consent.
[2]
The Mayor shall provide a resume to the Township
Council together with a judicial information questionnaire containing
the following information:
[a]
Any civil or criminal proceedings to which the
appointee has been a party during the preceding 20 years.
[b]
Any negative ethical determinations made against
the appointee as an attorney at law during the preceding 20 years.
[c]
Any and all judicial conduct proceedings challenging
the appointee's fitness for judicial office during the preceding 20
years.
[d]
Any complaints challenging the appointee's fitness
to practice law or fitness for judicial office which are then pending.
[3]
Prior to the adoption of any resolution granting
advice and consent to the Mayor's appointment of a Municipal Judge,
the Township Clerk shall cause specific notification to be given to
the Township's official newspaper(s) that such action will be considered.
At the time and place of the meeting at which such a resolution is
to be considered, a reasonable period of public comment shall be entertained
prior to the Council's vote on advice and consent.
(2)
There shall also be an Acting Municipal Judge appointed
by the Mayor with the consent of the Council for a term not to exceed
one year pursuant to N.J.S.A. 2B:12-5.
[Amended 1-9-2006 by Ord. No. 38-2005]
(3)
The Mayor shall designate which Municipal Judge shall
be the Chief Municipal Judge.
B.
The Chief Municipal Judge, the Municipal Judge and
the Acting Municipal Judge shall have and possess the qualifications
and shall have, possess and exercise all the functions, duties, powers
and jurisdiction conferred by law or ordinance. He or she need not
be a resident of the Township. He or she shall be an attorney at law
in the State of New Jersey. Whenever either the Chief Municipal Judge,
Municipal Judge or Acting Municipal Judge is unable to sit as such,
he or she may designate any other judge of any municipal court to
sit for him or her temporarily. Any such designation shall be made
in writing and shall be filed in the Court, and any person so designed,
while sitting temporarily, shall possess all the powers of the Municipal
Judge.
C.
The Chief Municipal Judge shall possess ultimate authority
and supervision of all matters related to the Municipal Court for
the Township of Old Bridge, subject to any provisions of law or ordinance,
as well as any rules and regulations promulgated by either the Administrative
Office of the Court or the Assignment Judge of Middlesex County.
D.
Compensation.
The salary of the Chief Municipal Judge shall be $55,775, effective
January 18, 2009, provided that said Judge is the only sitting Judge
for the Township of Old Bridge Municipal Court. In the event that
any additional Municipal Judge or Acting Judge is appointed by the
Mayor with the advice and consent of the Township Council, the salaries
of all judges shall be adjusted accordingly.
[Added 4-6-2009 by Ord. No. 2009-09]
[Amended 12-21-1987 by Ord. No. 10-87; 1-9-2006 by Ord. No. 38-2005]
A.
There shall be an Administrator of the Municipal Court
who shall be a Township employee hired by the Mayor and who shall
perform all of the functions and duties prescribed by state law, the
rules applicable to municipal courts and by the Municipal Judge. The
Administrator's duties shall include, but not be limited to:
(1)
Carrying out the rules, regulations, polices and procedures
relating to the operation of the Court.
(2)
Interviewing and speaking to persons wishing to file
criminal complaints or wishing information in this regard, and receiving
complaints and dispensing information relating to the Court matters.
(3)
Maintaining the financial records of the Court.
(4)
Attending court; recording pleas, judgments and dispositions;
arranging trial calendars; signing court documents; and preparing
and issuing warrants and commitments.
(5)
Taking and preparing bail bonds, recognizances and
securities in lieu thereof; making inquiry concerning their sufficiency
and equity; and receiving and accounting for fines and costs.
(6)
Interviewing persons on informal police court matters
to determine if there is a basis for formal action and, if necessary,
issuing summonses requiring court appearances; and maintaining and
classifying records and files.
(7)
Maintaining, forwarding, receiving and reporting such
records, reports and files as are required by the State Director of
Motor Vehicles.
B.
The compensation for the Municipal Court Administrator
shall be set by the Township Council, as with other Township employees.
The Municipal Court Administrator, as a Township employee, shall be
entitled to all benefits which are provided by the Personnel Code
of the Township of Old Bridge.
[Amended 12-21-1987 by Ord. No. 40-87; 1-9-2006 by Ord. No. 38-2005]
There shall be an Assistant Municipal Court
Administrator, and Deputy Court Administrators of the Municipal Court,
who shall be employees hired by the Mayor and who shall perform the
functions assigned to them by the Municipal Court Administrator and
the Municipal Judge. The Assistant Court Administrator and Deputy
Court Administrator shall be entitled to all benefits which are provided
to Township employees pursuant to the Personnel Code of the Township
of Old Bridge. The compensation for the Assistant Municipal Court
Administrator and Deputy Court Administrators shall be set by the
Township Council as in the case of other municipal employees.
[Added 12-22-1997 by Ord. No. 46-97]
B.
Effective January 1, 1998, the Municipal Court of
the Township of Old Bridge shall have a Municipal Public Defender,
appointed by the Mayor with advice and consent of the Township Council.
Such Public Defender shall be compensated by contractual agreement,
as determined by the Mayor with the advice and consent of the Council
as stated herein. The term for this position shall be one year.
[Amended 1-23-2012 by Ord. No. 2012-01]
C.
Application fees. Any person applying for representation
by the Municipal Public Defender shall be required to pay an additional
application fee of $200, to defray the cost of the Municipal Public
Defender services, in accordance with all applicable guidelines. The
Municipal Court shall have the discretion to waive the aforementioned
fee, upon a clear and convincing showing of need. Said funds shall
be maintained by the Department of Finance in a manner consistent
with all applicable laws, ordinances and resolutions.
