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, 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.
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 adopted by the Mayor and Council for this office.
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.
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.