[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.
B. 
The Deputy Municipal Public Defender shall have the same duties and responsibilities as set forth for the Municipal Public Defender in § 35-23B and shall be appointed as specified in § 35-23C.