[HISTORY: Adopted by the Mayor and Township Council of the Township of Dover (now Toms River) 6-22-2004 by Ord. No. 3884-04. Amendments noted where applicable.]
There is hereby created the Office of the Municipal Public Defender. The Mayor, with the advice and consent of Township Council, may designate one or more attorneys at law of the State of New Jersey to provide representation of persons entitled by law to appointment of counsel pursuant to the terms of N.J.S.A. 2B:24-3 for crimes and offenses cognizable by the Municipal Court of the Township of Toms River. He or she shall serve for a term of one year and thereafter until his or her successor has been appointed and qualified.
The Public Defender shall defend indigent persons in the Municipal Court of the Township of Toms River upon being requested to do so by the Municipal Judge and shall perform such other duties as may be required by the N.J.S.A. 2B:24-6, other applicable statute and the Rules of Court.
Pursuant to N.J.S.A. 2B:24-1 et seq., the Township of Toms River shall require any person applying for representation by the Municipal Public Defender to pay an application fee of not more than $200. The Municipal Court may waive any required application fee, in whole or in part, if the Court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation.
There is hereby created the position of Investigator, whose duties shall be to investigate the qualifications for assistance of any indigent defendant pursuant to N.J.S.A. 2B:24-7 et seq. The Investigator shall be appointed by the Public Defender.
The annual salary for the Municipal Public Defender and the Investigator shall be established by Township Council by ordinance. The compensation of a Municipal Public Defender for services rendered shall be in lieu of any and all other compensation by the Township.
In addition to any other means provided by law for the removal from office of a public official, a Municipal Public Defender may be removed by the Township Council for good cause and after a public hearing, and upon due notice and an opportunity to be heard.
The Municipal Public Defender may represent private clients in any municipality, including the municipality where they act as a Municipal Public Defender, subject to the Rules of Court Governing the Conduct of Lawyers, Judges and Court Personnel.