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.