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