Chapter 07. Court, Municipal
Chapter 7 COURT, MUNICIPAL
§ 7-1. Establishment of a Municipal Court.
§ 7-2. Official seal.
§ 7-3. Municipal Judge: Qualifications, Salary.
§ 7-4. Oath of office.
§ 7-4.1. Municipal Court Administrator.
§ 7-5. Clerk of Municipal Court; Deputy Clerk.
§ 7-6. Territorial jurisdiction.
§ 7-7. Practice and procedure of Court.
§ 7-8. Transfer of pending causes and proceedings from the Recorder's Court.
§ 7-9. Recorder to become Municipal Judge for balance of term of office.
§ 7-10. Appointment of a Recorder.
§ 7-11. Powers and duties of Municipal Judge.
§ 7-12. Inconsistent ordinances repealed.
§ 7-13. Effective date.
[HISTORY: Adopted by the Township Council of the Township of Gloucester 11-18-48 as Ord. No. 148. Amendments noted where applicable.]
Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:
§ 7-1. Establishment of a Municipal Court.
Pursuant to the provisions of Chapter 264, Pamphlet Laws of 1948, there is hereby established in and for the Township of Gloucester a Municipal Court to be known and designated as the "Municipal Court of the Township of Gloucester."
§ 7-2. Official seal.
Said Court shall be a court of record and shall have a seal which shall bear the impress of the name of the Court.
§ 7-3. Municipal Judge: qualifications, salary.¹
Said Court shall be presided over by a Municipal Judge who shall have such qualifications as are now or may hereafter be prescribed by law. Said Judge shall be appointed by the Township of Gloucester with the advice and consent of the Township Council of the Township of Gloucester for a term of three (3) years from the date of his appointment and until his successor is appointed and qualified. The Municipal Judge shall be compensated by an annual salary to be determined by the Township Council and fixed, from time to time by general salary ordinance.² (Amended 3-26-84 by Ord. No. 0-84-4)
§ 7-4. Oath of office.
Said Municipal Judge shall, before entering upon the performance of the duties of his office, take and subscribe an oath in substantially the same form and manner as provided in and by the statutes of the State of New Jersey.
§ 7-4. 1 Municipal Court Administrator.
There is hereby created the office and position of Municipal Court Administrator who shall be appointed subject to approval of the Assignment Judge, by the Mayor with the Advice and Consent of the Council. The Municipal Court Administrator shall administer the functions of the Court. Said administrator shall have charge of and supervise the office procedures and administrative functions of the Municipal Court; supervise the work performed by the non-judicial staff; plan and oversee the in-service training of staff members; supervise the collection of fines and disbursement of funds; prepare or direct the preparation of statistical, financial and progress reports related to the work of the court; give suitable assignments and instructions to subordinate employees; direct the establishment and maintenance of records and files and develop effective and improved methods of court functions. The Municipal Court Administrator shall receive such compensation as shall be fixed, from time to time by general salary ordinance. (Added 3-26-84 by Ord. No. 0-84-4)
§ 7-5. Clerk of Municipal Court; Deputy Clerk.
There is hereby created the offices and positions of Clerk of the Municipal Court and Deputy Clerk of Municipal Court who shall be appointed by the Mayor of the Township of Gloucester with the advice and consent of the Township Council of the Township of Gloucester. Said Clerk and Deputy Clerk shall receive such compensation as shall be fixed, from time to time, by general salary ordinance.³ The Clerk and Deputy Clerk of the Municipal Court shall perform such duties as provided by law, and as may be assigned by the Municipal Court Administrator and the Municipal Court Judge. The Township Council of the Township of Gloucester, from time to time, may also provide such other necessary clerical and other assistants for the Municipal Court for the proper conduct of said Court. The Township Council shall provide the necessary accommodations and supplies for the Municipal Court and for the Municipal Court Administrator, Municipal Court clerk and Municipal Court Deputy Clerk.
(Amended 1-21-64 by Ord. No. 306, 3-26-84 by Ord. No. 0-84-4, 4-11-85 by Ord. No. 0-85-21)
§ 7-6. Territorial jurisdiction.
The territorial jurisdiction of said Court shall be the territory embraced within the Township of Gloucester. Said Court shall have such civil and criminal jurisdiction as shall now or hereafter may be prescribed by law and by the rules of the Supreme Court of the State of New Jersey.
§ 7-7. Practice and procedure of Court.
The practice and procedure of said Court shall be substantially as provided by Sections 2:220-32 to 2:220-55, both inclusive, of the Revised Statutes of New Jersey, subject to such rules as the Supreme Court of the State of New Jersey shall promulgate and make applicable to municipal courts, which rules (insofar as they conflict with statutory and common-law regulations existing) shall supersede the same.
§ 7-8. Transfer of pending causes and proceedings from the Recorder's Court.
All causes and proceedings, of whatever character, pending in the Recorder's Court of the Township of Gloucester on the effective date of this ordinance shall be transferred to said Municipal Court and shall be continued therein with the same effect as though they had been commenced originally therein; further, all files, papers, dockets, books of account and data pertaining thereto and any money on deposit for bail or for any other purpose of and in said Recorder's Court shall be transferred to the Municipal Court herein established.
§ 7-9. Recorder to become Municipal Judge for balance of term of office.
The Township Recorder of the Township of Gloucester who shall be in office on the effective date of this act shall become the Municipal Judge of said Municipal Court and shall continue to be such Judge for a term equal to the balance of his then existing term.
§ 7-10. Appointment of a recorder.
The Township Council may, by resolution, provide for, and appoint for a term of three (3) years from the date of said appointment, a Recorder, or may designate some fit person to act in that capacity and soley for such purpose, which Recorder, when so appointed or so designated, shall have the power in criminal cases to hold defendants to appear before the court having jurisdiction to hear the matter by taking recognizance of bail with surety or with sureties in such reasonable sum or sums as he shall deem fit and to forward the same to the court before the time of the appearance therein mentioned; such power shall be exercisable in the same manner and shall be subject to the same limitations as in the case of the Judge of the court before which any such defendant is to appear. Any resolution so providing for a Recorder or designating such a person shall fix his compensation, if any.
§ 7-11. . Powers and duties of Municipal Judge.
The Municipal Judge of the Municipal Court of the Township of Gloucester, when appointed and qualified pursuant to the terms of this ordinance, shall have and exercise any and all powers and duties now vested in said Judge in any by the statute referred to herein and any amendments thereof or supplements thereto, and in and by any rules of the Supreme Court of the State of New Jersey heretofore or hereafter promulgated and made applicable to municipal courts.
§ 7-12. Inconsistent ordinances repealed.
All ordinances and all provisions thereof inconsistent with the terms of this ordinance be and the same are hereby repealed to the extent of such inconsistency only.
§ 7-13. Effective date.
This ordinance shall become effective at 12:01 a.m. on the first day of January 1949.
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¹Editor's Note: This section amended upon adoption of the Code, see Ch. 1, General Provisions, Article I, Adoption of Code.
²Editor's Note: See Ch. 19, Salaries and Compensation.
³Editor's Note: See Ch. 19, Salaries and Compensation.