[Adopted 12-14-1994 by Ord. No. 94-13R; amended in its entirety 12-28-1999 by Ord. No. 99-25R]
A.
The position of Borough Public Defender in the Fanwood
Municipal Court is hereby established. Such person shall be appointed
by the Mayor with the consent of the Council for a one-year term from
January 1 of each year ending on December 1 of the same year, or until
his/her successor has been appointed.
B.
The Borough Public Defender shall be an attorney at
law of the State of New Jersey in good standing and need not reside
in the Borough. The Borough Public Defender may be removed by the
Mayor and Council for good cause shown after a public hearing and
upon due notice and an opportunity to be heard. Failure to reappoint
the Borough Public Defender for a second or subsequent term shall
not constitute "removal from office" within the meaning of this section.
C.
The Borough Public Defender shall serve as a part-time
employee and shall receive a salary to be fixed by ordinance and/or
resolution adopted by the Mayor and Council from time to time.[1] In the event the Borough Public Defender is authorized
to represent a party on interlocutory appeals to the Superior Court,
Law Division, the Borough Public Defender shall enter into a contract
with the Borough and shall be compensated at an hourly rate to be
established by resolution as determined by the Mayor and Council.
[Amended 2-8-2005 by Ord. No. 05-02R[2]]
A.
The Borough Public Defender shall represent, except in the case of temporary unavailability or conflict of interest, any defendant charged with an offense in the Municipal Court when such defendant is an indigent municipal defendant entitled to representation pursuant to Chapter 256 of the Public Laws of 1997.[1] All necessary services and facilities for representation,
including expert and lay investigation and testimony, as well as other
preparations, shall be provided in every case handled by the Borough
Public Defender. The Borough shall be responsible for payment for
services pursuant to this section; however, factors of need and real
value to a defendant may be weighed against the financial constraints
of the Borough in determining the necessary services and facilities
of representation, and a final determination as to necessity for services
required shall be made by the Borough Judge. The Borough Public Defender
shall be responsible for handling all phases of the defense, including
but not limited to discovery, pre-trial and post-trial hearings, motions,
removals to Federal District Court and other collateral functions
reasonably related to the defense. For purposes of this section, "post-trial
hearing" shall not include de novo appeals to the Superior Court of
New Jersey.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
B.
The Borough Public Defender shall represent an indigent
defendant 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 Borough Judge, there
is a likelihood that the defendant, if convicted of any other offense,
will be subject to imprisonment or other consequence of magnitude,
the Borough Public Defender shall represent an indigent defendant.
A.
Pursuant to Chapter 256 of the Public Laws of 1997,[1] any person applying for representation by the Borough
Public Defender or court-approved counsel shall pay an application
fee of not more than $200, based upon an amount necessary to pay the
costs of the Borough Public Defender's services.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
B.
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, but 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.
C.
The Municipal Court may permit a person to pay the
application fee over a specific period of time not to exceed four
months.
