[HISTORY: Adopted by the Common Council of the City of Burlington
as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 8-1997 (Secs. 2.68.010 and 2.68.020 of the 1996 Municipal Code)]
On matters of judicial concern, the Municipal Court shall be
directed by the Municipal Judge, who shall be appointed by the Mayor,
with the advice and consent of Common Council, for a term of three
years and shall serve until a successor is appointed and qualified.
The Municipal Court shall have a Court Administrator and such
other employees as the budget may authorize. On administrative matters,
including, but not limited to, budgeting, finance and personnel, the
Court shall be subject to such general administrative procedures and
requirements as are generally required of departments. All Court staff
personnel shall be appointed by the Business Administrator.
[Adopted by Ord. No. 2-1998 (Secs. 2.68.030 through 2.68.070 of the 1996 Municipal
Code)]
A.
Also included in the Municipal Court shall be the Municipal Prosecutor
and the Municipal Public Defender. Each shall be an attorney at law
of the State of New Jersey in good standing, and shall serve for a
term of one year from the date of appointment and may continue to
serve in office pending reappointment or appointment and confirmation
of a successor. Each appointment shall be made by the Mayor with the
advice and consent of the Common Council.
B.
The compensation of the Municipal Prosecutor and of the Municipal
Public Defender shall be as set forth annually in the salary ordinance.
The Municipal Public Defender shall not receive any additional compensation
for interlocutory appeals in the Superior Court unless such additional
compensation is authorized by resolution of the Common Council.
C.
If there is a vacancy in the office of Municipal Public Defender,
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. The attorney shall be
entitled to compensation at the rate of $30 per hour or the current
rate then in effect for attorneys hired by the Office of the Public
Defender in conflict cases. Payment shall be made within 30 days of
the submission of a voucher in accordance with established municipal
procedures for the payment of claims.
D.
The Municipal Public Defender may represent private clients in the
Municipal Court subject to the rules of court governing the conduct
of lawyers, judges and court personnel.
A.
"Indigent defendant" means a person who is entitled to be represented
by a Municipal Public Defender who does not have the present financial
ability to secure competent legal representation.
B.
Eligibility for services.
(1)
For persons over the age of 18 years, eligibility for services of
the Municipal Public Defender shall be determined by the Municipal
Court on the basis of the need of the defendant, which shall be measured
according to N.J.S.A. 2A:158A-14 and guidelines promulgated by the
New Jersey Supreme Court. The Municipal Court shall make an investigation
of the financial status of each defendant seeking representation and
has the authority to require a defendant to execute and deliver written
requests or authorizations to provide the Municipal Court with access
to records of public or private sources, otherwise confidential, as
may be of aid in evaluating eligibility. The Municipal Court is authorized
to obtain information from any public record office or of any subdivision
or agency of the state on request and without payment of the fees
ordinarily required by law.
(2)
In an event that a determination of eligibility cannot be made before
the time when the first services are to be rendered, or if an initial
determination is found to be erroneous, the Municipal Court shall
refer the defendant to the Municipal Public Defender provisionally,
and if subsequently it is determined that the defendant is ineligible
the Municipal Court shall inform the defendant, and the defendant
shall be obligated to engage his own counsel and to reimburse the
City for the costs of the services rendered to that time.
(3)
Whenever the person requesting representation is under the age of 18 years, the eligibility for services shall be determined on the basis of the financial circumstances of the individual and the financial circumstances of the individual's parents or legal guardians. The City shall be entitled to recover the cost of legal services from the parents or legal guardians through the City Solicitor pursuant to § 27-6, and the Municipal Court shall have the authority to require parents or legal guardians to execute and deliver the written request or authorization required under applicable law in order to provide the Municipal Court with access to records of public or private sources, otherwise confidential, as may be of aid to it in evaluating eligibility.
C.
Limited ability to pay. If the defendant has or reasonably expects
to have means to meet some part, though not all, of the costs of the
services rendered, the defendant shall be required to reimburse the
City, either by a single payment or in installments in such amounts
as the defendant can reasonably be expected to pay; but no default
or failure in making payment shall effect or reduce the rendering
of services by the Municipal Public Defender.
A.
The Municipal Public Defender shall represent an indigent defendant
charged in Municipal Court with a crime as specified in N.J.S.A. 2B:12-18
or, if in the opinion of the Municipal Court there is a likelihood
that the defendant, if convicted of any other offense will be subject
to imprisonment or other consequence of magnitude, the Municipal Public
Defender shall represent the indigent defendant.
B.
All communications between the indigent defendant and the Municipal
Public Defender shall be fully protected by the attorney-client privilege
to the same extent and degree as if the counsel had been privately
engaged.
A.
The City shall have a lien on any property to which the defendant
shall have or acquire an interest for an amount equal to the reasonable
value of the services rendered to a defendant as calculated at the
same rate as the office of public defender bills clients at that time.
B.
To effectuate the lien the City Solicitor shall file a notice setting
forth services rendered to the defendant and the reasonable value
thereof with the Clerk of the Superior Court, which filing shall constitute
a lien on property for a period of 10 years from the date of the filing,
unless discharged sooner, and except for such time limitations, shall
have the force and effect of a judgment. Within 10 days of the filing
of the notice, the City Solicitor shall send by certified mail, or
served personally, a copy of the notice with a statement of the date
of the filing to or upon the defendant at the defendant's last
known address. Failure to give notice shall cause the lien to be void.
C.
The City Solicitor may compromise and settle any claim for services
performed whenever the financial circumstances of the person receiving
the services are such that, in the judgment of the City Solicitor,
the best interest of the state will be served by compromise and settlement.
D.
The City Solicitor on behalf of the City may do all things necessary
to collect any money due by way of reimbursement for services rendered
by the Municipal Public Defender. The City Solicitor may enter into
arrangements with any state or county agency to handle collections
on a cost basis. The City Solicitor shall have all the remedies and
proceedings available for collection which are available for or upon
the recovery of a judgment in a civil action and shall also be permitted
to collect counsel fees and costs from the defendant for such collection
action so that the same are not borne by the City.
A person applying for representation by the Municipal Public
Defender shall pay an application fee not to exceed $200, but only
in an amount necessary to pay the cost of the Municipal Public Defender's
services. In accordance with guidelines promulgated by the New Jersey
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 representation.
The Municipal Court may permit a person to pay the application fee
over a specific period of time not to exceed four months. Application
fees collected shall be deposited in a dedicated fund administered
by the Chief Financial Officer to be used exclusively to meet the
costs incurred in providing the services of the Municipal Public Defender.
