2965-26 Amending Section 2-40.2 Judge of the Municipal Court.pdf

2965-26 AN ORDINANCE AMENDING CHAPTER 2, “ADMINISTRATION,”, SECTION 40.2 “JUDGE OF THE MUNICIPAL COURT; POWERS AND,” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE TO CONSOLIDATE THE JUDGE OF THE MUNICIPAL COURT POSITIONS WHEREAS, The Mayor and Council of the Township of West Orange (the “Township”), have an interest in the efficient operation and effective administration of government services; and WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this State or Federal Government, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, pursuant to N.J.S.A. 2B:12-1, et seq., Section 2-40.1 of the Revised General Ordinances of the Township of West Orange (the “Township Code”) establishes the Municipal Court of the Township of West Orange, Essex County (the “Municipal Court”); and WHEREAS, Section 2-40.2 of the Township Code currently mandates the appointment of two Judges of the Municipal Court; and WHEREAS, the Township has determined that efficient operation and effective administration of services of the Municipal Court requires only one Judge; and WHEREAS, the Township desires to amend Chapter 2, “Administration,” Section 40.2, “Judge of the Municipal Court; Powers and Duties” of the Township Code to consolidate the positions of Judge of the Municipal Court NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Township Council of the Township of West Orange, in the County of Essex, State of New Jersey, being the governing body thereof, that Section 40.2, “Judge of the Municipal Court; Powers and Duties,” of Chapter 2, “Administration,” shall be amended as follows. Section 1. RECITALS. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. Section 2. Chapter 2, “Administration,” Section 40.2, “Judge of the Municipal Court; Powers and Duties,” shall be amended as follows: Note: Additions are indicated in bold and underline; deletions are delineated via strikethrough § 2-40.2

” Section 40.2, “Judge of the Municipal Court; Powers and Duties,” shall be amended as follows: Note: Additions are indicated in bold and underline; deletions are delineated via strikethrough § 2-40.2 Judge of the Municipal Court; Powers and Duties

There shall be a two Judges of the Municipal Court appointed by the Mayor with the advice and consent of the Township Council. The Judges of the Municipal Court shall serve for a term of three years from the date of appointment and until a successor or successors shall be appointed and qualified. The Judges of the Municipal Court shall receive such compensation as provided by ordinance by the Council. The Judges of the Municipal Court shall have and possess the qualifications, and shall have, possess and exercise all the functions, duties, powers, and jurisdiction conferred by N.J.S.A. 2B:12-1, et seq., as amended and supplemented by general law or ordinance. The Mayor may designate one of such Municipal Judges as "Chief Judge." The Chief Judge of the Municipal Court 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 Mayor may appoint an Acting Municipal Court Judge with the advice and consent of the Township Council, pursuant to Statute, and subject to the rules governing the Courts of the State of New Jersey, in the event of disqualification, incapacity, incompetency, or death of one or both of the permanent, part-time Municipal Judges referred to in this subsection. Section 3. If any provision of this Ordinance or application thereof, under any circumstances, is held invalid, the invalidity shall not affect any other provisions or applications of this Ordinance that can be given effect without the invalid provision(s) or application(s) and to this end the provisions of this Ordinance are severable. All other Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed. Section 4. This Ordinance shall take effect upon final passage and publication in accordance with law. Susan McCartney, Mayor Susan Scarpa, Council President Karen J. Carnevale, R.M.C. Municipal Clerk INTRODUCED: March 10, 2026 ADOPTED: March 24, 2026