Township of Mannington, NJ
Salem County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mannington 3-16-2011 by Ord. No. 11-01.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 36, Court, which was comprised of Mid Salem County Municipal Court, adopted 2-18-2003 by Ord. No. 03-02, and Art. II, Counsel for Indigent Persons, adopted 8-4-1997 by Ord. No. 97-05, as amended.
An agreement entitled "Agreement Between the Borough of Woodstown, the Township of Mannington, the Borough of Elmer, the Township of Quinton, and the Township of Oldmans to Establish the Mid Salem County Municipal Court," hereafter referred to as "Agreement," which agreement shall be kept on file in the Office of the Mannington Township Clerk, Mannington Township Hall, Salem-Woodstown Road, Mannington Township, New Jersey, and available for public inspection during the Township of Mannington's regular business hours, is hereby authorized to be entered into by Mannington Township, and its Mayor and Clerk are authorized to sign same as evidence of this authorization.
By this article and said Agreement, and by similar ordinances adopted by the Borough of Woodstown, the Borough of Elmer, the Township of Quinton, and the Township of Oldmans, there is established a single Mid Salem County Municipal Court for the Borough of Woodstown, the Township of Mannington, the Borough of Elmer, the Township of Quinton, and the Township of Oldmans entitled and hereinafter referred to as the "Mid Salem County Municipal Court." The jurisdiction of this Mid Salem County Municipal Court shall be coextensive with the territories of the Borough of Woodstown, the Township of Mannington, the Borough of Elmer, the Township of Quinton, and the Township of Oldmans, in Salem County, New Jersey.
The Judge of the Mid Salem County Municipal Court shall be nominated and appointed by the Governor of the State of New Jersey, with the advice and consent of the Senate of the State of New Jersey pursuant to N.J.S.A. 2B:12-4, Subdivision b. If for any reason the appointed judge is unable to serve or if a judge is not appointed as provided in N.J.S.A. 2B:12-4, Subdivision b, an acting judge shall be appointed by the Vicinage 15 Assignment Judge as provided in N.J.S.A. 2B:12-6.
The Administrator, Deputy Administrator(s), Prosecutor, Public Defender, and all other personnel shall be appointed by mutual agreement and similar resolutions by the Township of Mannington, hereinafter referred to as "Mannington," the Borough of Woodstown, hereinafter referred to as "Woodstown," the Borough of Elmer, hereinafter referred to as "Elmer," the Township of Quinton, hereinafter referred to as "Quinton," and the Township of Oldmans, hereafter referred to as "Oldmans."
The Mid Salem County Municipal Court shall become effective and commence on April 1, 2011, and on that date the Municipal Court heretofore existing for Woodstown, Mannington, Elmer, and Quinton shall be abolished, and that court's functions, powers, duties, and records shall be transferred to the Mid Salem County Municipal Court established pursuant to this article, and by agreement with, and pursuant to the ordinances of Woodstown, Mannington, Elmer, Quinton, and Oldmans. Cases established in Oldmans Township on and after April 1, 2011, shall be prosecuted in the Mid Salem County Municipal Court established pursuant to this article, and by agreement with, and pursuant to and the ordinances of Woodstown, Mannington, Elmer, Quinton, and Oldmans. Oldmans Township represents that it has made arrangements with Carneys Point Township to terminate its relationship for municipal court services. The transfer or other disposition of municipal court cases originating in Oldmans Township prior to April 1, 2011, shall be as agreed between Oldmans and Carneys Point.
Woodstown shall furnish all facilities, such as court room judge's chamber, administrator's office, violations bureau, recording equipment, phones, computers, filing cabinets and furniture for the proper administration of justice in the Mid Salem County Municipal Court.
A Mid Salem County Municipal Court Committee shall be formed consisting of one representative appointed by Woodstown, one representative appointed by Mannington, one representative appointed by Elmer, one representative appointed by Quinton, and one representative appointed by Oldmans. The Mid Salem County Municipal Court Committee shall be an advisory committee whose recommendations as to actions appropriate for the municipalities shall be transmitted to the individual municipalities for approval. The Mid Salem County Municipal Court Committee shall submit a memorandum of understanding for approval by the governing bodies on an annual basis.
Compensation for the Judge, Administrator, Deputy Administrator(s), Prosecutor, Public Defender, and all other personnel for the Mid Salem County Municipal Court shall be fixed by mutual agreement and similar ordinances adopted by Woodstown, Mannington, Elmer, Quinton and Oldmans. The expenses for the operation of the Mid Salem County Municipal Court shall be approved by Woodstown, Mannington, Elmer, Quinton and Oldmans. Woodstown shall make payment of said compensation and expenses and shall be reimbursed by Mannington, Elmer, Quinton and Oldmans for their share of same, upon presentation of monthly vouchers by Woodstown to Mannington, Elmer, Quinton and Oldmans. The Public Defender specified in this article shall be a Joint Municipal Public Defender appointed to defend all cases for which assigned counsel is required. Total expenditures for compensation and expenses for each year shall be paid jointly by the five municipalities, with Woodstown paying 20%, Mannington paying 19%, Elmer paying 29%, Quinton paying 12%, and Oldmans paying 20%. In addition to this allocation of expenses, Mannington, Elmer, Quinton and Oldmans shall each pay to Woodstown a separate annual sum to be agreed from time to time for administration and overhead expenses. This rate of sharing shall continue until and unless changed by mutual agreement between the five municipalities which may be approved by mutual resolutions, and shall be reviewed annually.
[Added 4-5-2012 by Ord. No. 12-03[1]]
The judge shall have authority to impose court costs for any summons or complaint dismissed at the request of the complaining party or as recommended by the prosecutor. The assessment of costs shall be within the judge’s discretion, and all such costs shall be distributed as provided in § 36-10 herein.
[1]
Editor’s Note: This ordinance also provided for the renumbering of former §§ 36-9 through 36-16 as §§ 36-10 through 36-17, respectively.
All fines, costs, fees, penalties and forfeitures, including forfeitures of bail, imposed by the Mid Salem County Municipal Court, and any other funds, which are distributable to local municipalities, shall be paid over and forwarded to the Financial Officer for that municipality in which the complaint, charge, events, acts or violation arose which produced the particular fine, cost, fee, penalty, forfeiture or other funds. Distribution of such monies shall be made by the fifteenth of the month for the previous month directly to the respective municipalities along with a copy of the monthly cashbook.
Said Mid Salem County Municipal Court shall continue indefinitely on a year-to-year basis unless terminated by either Woodstown, Mannington, Elmer, Quinton, or Oldmans adopting an ordinance prior to September 1 withdrawing its municipality from said Mid Salem County Municipal Court effective December 31 of that same year and after advance written notice to the other municipalities prior to September 1 for the termination on December 31 of that same year. In the event a municipality wants to withdraw from the agreement to establish the Mid Salem County Municipal Court, then no less than three months' written notice shall be sent by the withdrawing municipality to the other four municipalities.
The provisions of this article may be subject to modification from time to time and may be amended by the parties by mutual agreement, including the adoption of similar resolutions or ordinances when necessary by the respective municipalities.
All employees of the Mid Salem County Municipal Court shall receive an annual salary as set forth on the annual salary ordinance adopted for the Borough of Woodstown.
Pursuant to the Constitutions of the United States and the State of New Jersey, a defendant has a right to be represented by counsel. In the event that a defendant is indigent, such counsel must be provided to the defendant at no cost to him or her. It is the policy of Mannington Township to provide appointed counsel to indigent persons in accordance with the provisions of N.J.S.A. 2B:24-1 et seq.
Any person who claims to be indigent and who desires the appointment of counsel to represent him or her in a matter pending before the Mid Salem County Municipal Court may make application for appointment of counsel. The Judge of the Mid Salem County Municipal Court shall, upon due examination, determine whether or not an applicant is indigent. If the Judge finds an applicant to be indigent, the Judge shall appoint a person authorized to practice law in the State of New Jersey as attorney for the applicant.
Any person who shall apply for appointment of counsel shall pay a fee of $200. Said fee shall be collected by the Administrator of the Mid Salem County Municipal Court at the time the application for appointed counsel is made. The requirement of a fee as set forth in this section may be waived by the Judge of the Mid Salem County Municipal Court upon showing that the applicant has no ability to pay the application fee.
All fees collected pursuant to this chapter shall be utilized in order to defray a portion of the cost of retaining appointed counsel and the administrative costs of the Mid Salem County Municipal Court.