A.
Generally. There is hereby created the Office of Public
Defender within the Borough.
B.
Qualification. The Public Defender shall be an attorney
at law of the State of New Jersey, admitted to practice in this state
for a period of no less than one year.
C.
Appointment. The Manager shall appoint a Public Defender
after consultation with the Council. The Manager shall appoint an
Assistant Public Defender after consultation with the Council.
D.
Term. The term of office of the Public Defender and
the Assistant Public Defender shall be for one year or for a part
of a year commencing on his appointment and terminating on December
31 of the year of appointment.
E.
Duties. The duties of the Public Defender shall be
to defend all cases within the jurisdiction of the court brought against
indigent defendants in the Municipal Court of the Borough, whenever
such defendants are entitled to such representation 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.
In every instance, the Public Defender shall be assigned to each case
by order of the court.
F.
Salary. The salary of the Public Defender shall be
established by ordinance pursuant to law.
G.
Assistant Public Defender. There is hereby created
the position of Assistant Public Defender in the Office of Public
Defender within the Borough. In the event that the Public Defender
is disqualified or otherwise unavailable to act in a particular case,
the Assistant Public Defender shall assume the duties of the Public
Defender for representation of qualified defendants in the Municipal
Court of the Borough. The salary of the Assistant Public Defender
shall be established by the Salary Ordinance.
H.
Pursuant to and in accordance with N.J.S.A. 2B:12-10
et seq. (P.L. 1997, c. 256), a person applying for representation
by the Public Defender or court approved counsel may, in the discretion
of the Municipal Court Judge, be required to pay an application fee
of not more than as set from time to time by resolution of the Borough
Council. This fee shall be in an amount necessary to pay the costs
of the services of the Public Defender.[1]
There shall be an Auditor appointed annually
by and responsible to the Council, who shall be certified and licensed
by the State of New Jersey as a registered municipal accountant. He/she
shall make such periodic reports as required by the Council and shall
make such annual (or more frequent where required) audits of all municipal
accounts in accordance with state law and regulations and in conformity
with good accounting practice and procedures.
