Borough of Oaklyn, NJ Article IX Municipal Public Defender

[Adopted 12-28-1993 by Ord. No. 12-93]

§ 32-25 Position created.

The position of Municipal Public Defender is hereby created in the Borough of Oaklyn, County of Camden and State of New Jersey.

§ 32-26 Compensation fixed by agreement.

The compensation for said Municipal Public Defender shall be fixed by the terms of the agreement entered into between the governing body of the Borough of Oaklyn and the Municipal Public Defender pursuant to the applicable provisions of N.J.S.A. 40A:11-1 et seq.

§ 32-27 Term of office.

The term of office of the Municipal Public Defender shall be one year, commencing January 1 of the calendar year and concluding December 31 of that calendar year.

§ 32-28 Application for services; fee; inability to pay.

[Amended 12-30-1997 by Ord. No. 12-97]

In order to obtain the services of the Municipal Public Defender or a court approved counsel, an application must be filed with the Municipal Court on a form to be provided by the Borough. The application form shall be consistent with the requirements of N.J.S.A. 2A:158A-1 et seq.

A. The Municipal Court Judge shall make the decision as to which defendants are indigent after reviewing the defendant's application. This determination shall be based upon whether the applicant fits within the definition of "indigent defendant" found within N.J.S.A. 2A:158A-2.

B. The Municipal Court Administrator shall assess a nonwaivable application fee of $200 upon each person from whom an application for services under this article 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.

C. The defendant's inability to pay the application fee shall in no way affect or reduce the rendering of services under this article. In cases of a defendant who is unable or unwilling to pay the application fee, the fee shall become a lien and the Borough may collect the fee consistent with N.J.S.A. 40:6A-1 and N.J.S.A. 2A:158A-19.

D. In all cases where it appears that the defendant has, or reasonably expects to have, means to meet some part, though not all, of the cost of the services rendered to him, he shall be required to reimburse the Borough, 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 making of any such payment shall affect or reduce the rendering of the services under this article.

§ 32-29 Use of application fees.

[Amended 12-30-1997 by Ord. No. 12-97]

All moneys collected for the use of this application fee shall be used exclusively to meet the costs incurred in providing the services of the Municipal Public Defender or court approved counsel, including, when required, expert and lay investigation and testimony.