[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]]
[1]
Editor's Note: See Ch. 86, Salaries and Compensation.
[2]
Editor's Note: This ordinance is retroactive to 1-1-2005.
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.