[HISTORY: Adopted by the Board of Commissioners of the Township of
Haddon 3-15-1994 by Ord. No. 970. Amendments noted where applicable.]
The office of Public Defender is hereby established.
The Public Defender shall be appointed by the Commissioners of the Township
of Haddon and shall provide for proper compensation for said Public Defender.
In order to obtain the services of the Public Defender, an application
must be filed with the Municipal Court of the Township of Haddon on a form
to be provided by said Court.
The Municipal Judge of the Township of Haddon shall review each defendant's
application and make a determination as to whether or not said defendant is
indigent. This determination shall be based upon whether the defendant has
the present financial ability to secure competent legal representation and
to provide all other necessary expenses of representation. If the Judge determines
that a defendant is in fact indigent, the Public Defender shall be appointed
to represent that defendant.
[Amended 3-17-1998 by Ord.
No. 1029; 12-26-2006 by Ord. No. 1170]
The Municipal Court Judge shall assess an application fee in the amount set forth in Chapter 111, Fees, upon each person from whom an application for services under this chapter is made. This fee shall be chargeable regardless of whether the applicant is found to require the services of the Municipal Public Defender or court-approved counsel. The Municipal Court Judge may waive any 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 upon the applicant.
The defendant's inability to pay the application fee shall in no way
affect or reduce the rendering of services to him.
[Amended 3-17-1998 by Ord.
No. 1029]
A.
If the application fee is not waived by the Municipal
Court Judge, the defendant shall be obligated to pay said fee, and that fee
shall become a lien. The township and/or the Municipal Court may collect the
fee consistent with N.J.S.A. 40:6A-1, N.J.S.A. 2A:158A-19 or in any manner
permitted by law.
B.
In all other cases where it appears that the defendant
has, or reasonably expects to have, the means to meet some part, though not
all, of the costs of the services rendered him, to he shall be required to
reimburse the Township, either by single payment or in installments in such
amounts as the applicant can reasonably be expected to pay over a time period
not to exceed four months. No default or failure in the mailing of such payment
shall affect or reduce the rendering of services under this chapter.
