[Adopted 10-10-1995 by Ord. No. 1995-19 (Ch. 44A of the 1971 Code)]
A.
Position established; term. There shall be a Municipal
Public Defender of the Borough of Palmyra who shall be an attorney
at law of the State of New Jersey and shall be appointed for a period
of one year from the annual reorganization meeting of the Borough
government of the year of his appointment until his successor has
been duly appointed and qualified. The initial appointment of a Municipal
Public Defender shall be for the period ending at the annual reorganization
meeting of the Borough government until his successor has been duly
appointed and qualified.
B.
Duties; length of representation. The Municipal Public
Defender shall represent those defendants in the Municipal Court of
the Borough of Palmyra whom the judge of the Municipal Court has determined
are indigent and constitutionally or otherwise entitled by law to
have counsel furnished without cost. The Municipal Public Defender
shall not represent those defendants who are indigent and are constitutionally
or otherwise entitled by law to counsel if such defendants affirmatively
and with understanding of the waiver of such right to counsel state
an intention to proceed without counsel. The representation of the
defendant by the Municipal Public Defender shall continue through
trial and, in the event of a conviction, shall continue through sentencing
and shall include advising the defendant with respect to his right
of appeal but shall not include the preparation and filing of the
notice of appeal or any other application for post-conviction relief.
C.
Appointment. Pursuant to the provisions of N.J.S.A.
40A:60-5(g), the Public Defender shall be nominated and appointed
by the Mayor with the advice and consent of the Borough Council.
[Amended 8-9-1999 by Ord. No. 1999-5]
A.
The Municipal Court Clerk of the Borough of Palmyra
shall assess an application fee of not more than $200 to each person
for whom an application for the services of the Public Defender or
Deputy Public Defender is made.
[Amended 3-10-2003 by Ord. No. 2003-1]
B.
An assertion by the defendant that he is unable to
pay the application fee shall in no way affect or reduce the rendering
of services to him. Payment of the fee may be deferred upon a proper
showing that the defendant is unable to pay the fee. The Judge of
the Municipal Court of the Borough of Palmyra shall make the determination
as to the deferral of the fee.
C.
If the payment of the fee is deferred by the Municipal
Court Judge or the fee is otherwise unpaid, then in that event the
Municipal Court shall endeavor to collect the fee in the manner provided
in N.J.S.A. 40:6A-1 and 2A:158A-19.
D.
Moneys collected pursuant to this article shall be
for the use of the municipality in administering the public defender
system.
[Added 3-10-2003 by Ord. No. 2003-1]
A.
There shall be a Deputy Municipal Public Defender
of the Borough of Palmyra who shall be an attorney at law of the State
of New Jersey and shall be appointed for a period of one year from
the annual reorganization meeting of the Borough government or for
the balance of the calendar year in which the position is initially
created. The Deputy Public Defender shall serve until his successor
has been duly appointed and qualified. The Deputy Public Defender
shall act whenever the Public Defender is unavailable for any reason.
Pursuant to N.J.S.A. 2B:24-3, the Public Defender shall have authority
over the Deputy Municipal Public Defender with respect to the performance
of official duties.
