[Adopted 3-22-1994 by Ord. No. 3-94 (Ch. 8, Art. V, of the 1974 Code); amended in its entirety 5-26-1998 by Ord. No. 5-98]
There is hereby created the office of Public Defender of the Borough of Totowa.
The Public Defender shall be an attorney at law of the State of New Jersey in good standing. The Public Defender shall be appointed by the Mayor, with the advice and consent of the Council, at the annual reorganization meeting of the Mayor and Council and shall hold office for a term of one year from the date of appointment and may continue to serve in office pending reappointment or appointment of a successor. Vacancies shall be filled for the portion of the term.
Pursuant to and in accordance with P.L. 1997, c. 256,[1] it shall be the duty of the Public Defender to provide a defense for any indigent charged in the Municipal Court with a crime as specified in N.J.S.A. 2B:12-18, or if in the opinion of the Municipal Court Judge there is a likelihood that the defendant, if convicted of any offense other than that specified in the aforesaid statute, will be subject to imprisonment or other consequence of magnitude, the Public Defender shall represent the indigent defendant with regard to that offense. If there is a vacancy of Municipal Public Defender, or if the Municipal Public Defender is temporarily unavailable, or if a finding of conflict of interest precludes the Municipal Public Defender from representing an indigent defendant, the Municipal Prosecutor may prosecute the offense if the Municipal Court appoints a qualified attorney to represent the indigent defendant. Once appointed, the assigned attorney shall carry out all the duties of the Municipal Public Defender in connection with the case that is the subject of appointment. The compensation of appointed counsel shall be fixed by the Court in accordance with rates as have been established by the Mayor and Council. If no such rates are then established by the Mayor and Council, appointed counsel shall be entitled to compensation at the same rate as attorneys hired by the office of the Public Defender of the State of New Jersey in comparable cases, with payment to be made within 30 days.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
The office of Public Defender shall be a part-time office, and the Public Defender shall receive compensation as prescribed in the annual Salary Ordinance[1] adopted by the Mayor and Council for this office.
[1]
Editor's Note: The currently effective Salary Ordinances are on file in the office of the Borough Clerk and are available for examination during office hours.
The individual appointed as the Public Defender shall be required to provide a certificate of insurance from an insurance carrier authorized to do business in the State of New Jersey and to provide legal errors and omissions coverage; said certificate shall indicate that the attorney has minimum coverage of $1,000,000 errors and omissions insurance.
Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of need of the defendant in accordance with P.L. 1997, c. 256.[1]
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
The Borough of Totowa hereby requires any person applying for representation by the Municipal Public Defender or Court-appointed counsel to pay an application fee of not more than $200, but only in an amount necessary to pay the costs of the Municipal Public Defender's services. In accordance with guidelines promulgated by the Supreme Court, the Municipal Court may waive any required application fee, in whole or in part, only if the Court determines, in its discretion, upon a clear and convincing showing by the applicant, that the application fee represents an unreasonable burden on the person seeking such representation. The Municipal Court may permit a person to pay the application fee over a specific period of time, not to exceed four months.
Funds collected pursuant to this article shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Borough of Totowa. Such funds shall be used exclusively to meet the costs incurred in providing the services of the Municipal Public Defender, including, when required, expert and lay investigation and testimony.