[Adopted 6-8-1977 by Ord. No. 726]
There shall be in the Borough of Maywood an office of the Public Defender, the appointee of which shall be designated as the "Public Defender of Maywood."
The Public Defender shall be an attorney at law of the State of New Jersey who shall reside in the State of New Jersey and who shall have his or her principal law office for the conduct of business within the State of New Jersey.
The Public Defender shall be appointed annually by the Mayor and Council of the Borough of Maywood for a term of one year.
It shall be the duty of the Public Defender to defend all cases brought against indigent defendants in the Municipal Court of the Borough of Maywood alleging violation of criminal laws of the State of New Jersey and the motor vehicle statutes of the State of New Jersey to the extent of the jurisdiction of the Municipal Court whenever such defendants are entitled to representation as aforesaid by law or whenever such representation is deemed necessary or desirable in the interest of justice and in the discretion of the Judge of the Municipal Court, as said Judge shall designate and interpret the applicable laws of the State of New Jersey.
The compensation of the Public Defender shall be on the basis of appearance in court in such amounts as shall be fixed from time to time by resolution of the Council. Nothing herein shall be construed to prohibit the Council from compensating the Public Defender on the basis of an annual retainer, provided that court appearances shall be chargeable against such retainer, and it shall not be considered as being a retainer for services in addition to said court appearances. Any such retainer shall be within the discretion of the Council.
[Added 4-14-1998 by Ord. No. 4-98]
A. 
Those persons applying for representation by the Municipal Public defender shall pay an application fee of $200 at the time of presentation of an application for the Public Defender. The Municipal Court Judge may, however, in his or her discretion, waive any required application fee in whole or in part if the Judge determines that the applicant has made a clear and convincing showing that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit an applicant, for good cause shown, to pay the application fee over a specified period of time not to exceed four months.
B. 
Funds collected pursuant to Subsection A shall be deposited in a dedicated fund administered by the Chief Financial Officer. The funds so deposited shall be used exclusively to meet the costs incurred by the borough in providing the services of the Public Defender, including, when required, the costs of expert witnesses and lay investigation and testimony.