[HISTORY: Adopted by the City Council of the City of East Orange 3-25-1968 by Ord. No. 20-1968 as Ch. 2, Art. IV, Secs. 2:4-1 through 2:4-6, of the 1968 Code. Amendments noted where applicable.]
There is hereby established in the City a court, which shall be known as the "Municipal Court of the City of East Orange, New Jersey," pursuant to the authority vested in the City by provisions of N.J.S.A. 2B:12-1 et seq.
The Municipal Court shall have a seal bearing the impress of the name of the Court.
[Amended 3-22-1976 by Ord. No. 12-1976; 11-10-1980 by Ord. No. 20-1968; 4-24-2000 by Ord. No. 10-2000; 11-14-2005 by Ord. No 26-2005; 7-16-2007 by Ord. No. 17-2007]
The Municipal Court shall have five Judges, each of whom shall have the qualifications and shall serve for the term and be appointed in the manner provided by law and the rules governing the courts of the State of New Jersey. Notwithstanding the preceding, upon written approval of the Assignment Judge of the Superior Court of Vicinage V, pursuant to N.J.S.A. 2B:12-5, one additional Judge, who shall be a temporary Judge, may be appointed. The Mayor may designate one of such Judges as Chief Judge. The Chief Judge shall assume the prime administrative authority for the operation of the Municipal Court in accordance with the rules governing the courts of the State of New Jersey.
The Municipal Court shall have the jurisdiction which is now or shall hereafter be conferred upon it by law, and the practice and procedure of the Court shall be governed by the law in such case made and provided and such rules as the Supreme Court of the state shall promulgate and make applicable to the Municipal Court.
The Municipal Court shall have a Municipal Court Administrator and such other clerical help as the City Council shall provide by ordinance or resolution.
The Municipal Court shall keep such records as may now or hereafter be provided by law or the rules governing the courts of the state.
[Added 10-14-1997 by Ord. No. 15-1997]
All persons applying for legal representation by a Municipal Public Defender shall pay an application fee of not more than $200 to the East Orange Municipal Court, but only in an amount necessary to pay the costs of Municipal Public Defender services. The Municipal Court may permit a person to pay the application fee over a period of time not to exceed four months.
[Amended 5-11-1998 by Ord. No. 7-1998]
The East Orange 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.
[Added 10-10-2000 by Ord. No. 20-2000; amended 11-16-2009 by Ord. No. 14-2009; 7-7-2014 by Ord. No. 16-2014]
There is hereby established the Office of Public Defender. The Municipal Court shall have a Chief Municipal Public Defender, Deputy Municipal Public Defender and five Municipal Public Defenders.
[Added 10-10-2000 by Ord. No. 20-2000; amended 10-14-2003 by Ord. No. 19-2003; 7-7-2014 by Ord. No. 16-2014]
The Chief Municipal Public Defender, Deputy Municipal Public Defender and five Public Defenders shall be appointed by resolution of the City Council for terms of one year. The Chief Municipal Public Defender shall continue in office pending reappointment or appointment of a successor.
The Chief Municipal Public Defender shall have authority over the Deputy Municipal Public Defender and other public defenders concerning the performance of their duties consistent with the applicable statutes. The Deputy Municipal Public Defender shall assist the Chief Municipal Public Defender in performing his duties.
[Added 10-10-2000 by Ord. No. 20-2000; amended 7-7-2014 by Ord. No. 16-2014]
The Municipal Public Defenders shall 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 N.J.S.A. 2B:24-1 et seq.
The Municipal Public Defenders shall provide all necessary services and facilities of representation, including both expert and lay investigation and testimony, as well as other preparations, in every case. The municipality shall be responsible for payment for such services. The factors of need and real value to a defendant may be weighed against the financial constraints of the municipality in determining the necessary services and facilities of representation. The final determination as to necessity for services required shall be made by the court.
The Municipal Public Defenders shall be responsible for handling all phases of the defense, including but not limited to discovery, pretrial and post-trial hearings, motions, removals to federal district court and other collateral functions reasonably related to the defense. Post-trial hearings shall not include de novo appeals in Superior Court.
[Added 10-10-2000 by Ord. No. 20-2000]
The Municipal Public Defenders shall be paid on a per diem basis as set by resolution adopted by City Council.