[Adopted 1-15-1998 by Ord. No. 697
(Ch. 6, Art. II, of the 1970 Code)]
The office of Municipal Court Public Defender is hereby created in and
for the Borough of Oceanport by and subject to the provisions of this article,
and the employment of a person to fill such office is hereby authorized.
The person appointed to the office of Municipal Court Public Defender
shall be a duly licensed attorney in good standing of the State of New Jersey
and shall hold office for a term not exceeding one year or beyond December
31 of the year of his or her appointment. However, if no replacement has been
appointed to fill the office after December 31 of the year of the appointment,
said person shall continue to serve until replaced or until his or her services
are terminated by vote of the governing body. The Mayor shall nominate and,
with the advice and consent of the Council, appoint the Municipal Court Public
Defender. Such nomination shall be made at the annual organizational meeting
of the governing body. If the Mayor fails to nominate a person within 30 days
of the organizational meeting or the Council fails to confirm any nomination
made by the Mayor, then, after the expiration of said 30 days, the Council
shall appoint the Municipal Court Public Defender. No appointment shall be
made except by vote of a majority of the members of the Council present at
the meeting, provided that at least three affirmative votes shall be required
for such purpose, the Mayor to have no vote thereon except in case of a tie.
This procedure for the appointment of a Municipal Court Public Defender, upon
the nomination by the Mayor and confirmation by the Council, shall also apply
in the event of a vacancy in the office, with the Mayor being obligated to
make a nomination within 30 days from the date of the vacancy.[1]
The Municipal Court Public Defender shall receive such compensation
as shall be fixed from time to time by the Borough Council in a salary ordinance.[1]
[1]
Editor's Note: The current salary ordinance is on file in the Borough
office.
The person appointed to the office of the Municipal Court Public Defender
shall provide all necessary and desirable legal counsel and advice required
for the defense of cases in the Municipal Court of the Borough on behalf of
those indigent defendants who are entitled by law to appointment of counsel
and as approved by the Municipal Court Judge.
Every person who makes application to the Oceanport Municipal Court
for representation by the Public Defender in any matter pending before the
Court shall pay an application fee of $200. The Municipal Court may waive
this required application fee, in whole or in part, if the Court determines,
in its discretion, that the application fee represents an unreasonable burden
on the person seeking representation. An applicant seeking a waiver shall
submit a written request supported by facts that payment of the fee would
represent an unreasonable burden on the applicant. The Court may consider
the applicant's employment status, income, assets, number of dependents, financial
obligations and any other information relevant to a determination, in the
discretion of the Judge, of what constitutes an unreasonable burden on the
particular applicant. Waivers shall be decided by the Court on a case-by-case
basis according to the particular circumstances of each applicant.
