[Adopted 11-22-1993 by Ord. No. 93-50]
There shall be established in the Township of Pennsauken, County of
Camden, State of New Jersey, a Municipal Court Public Defender
who shall be an attorney-at-law, duly licensed to practice law in the State
of New Jersey, and in good standing.
Said Municipal Court Public Defender shall be appointed by resolution
of the Township Committee and shall hold office or employment from the date
of appointment to December 31, inclusive, of the year in which he or she shall
be appointed, unless otherwise provided in said resolution. In no case, however,
shall the term of office extend beyond the period commencing on January 1
of the year of appointment and ending on December 31 of said year.
Said Municipal Court Public Defender shall receive such compensation
as shall be provided by ordinance.[1]
[Amended 7-28-1999 by Ord.
No. 99-32]
A.
The Township Municipal Court Public Defender shall represent
in Municipal Court all indigent persons (as defined in N.J.S.A. 2B:24-2) charged
with a crime as specified in N.J.S.A. 2B:12-18 or, if in the opinion of the
Municipal Court there is a likelihood that the defendant, if convicted, or
any other offense, will be subject to imprisonment or other consequence of
magnitude.
B.
The Township Municipal Court Public Defender shall be
responsible for handling all phases of the defense, including but not limited
to discovery, pretrial and post-trial hearings, motions, removals to Federal
District Court and other collateral functions reasonably related to the defense.
As used in this subsection, "post-trial hearing" shall not include de novo
appeals in Superior Court.
[Amended 7-28-1999 by Ord.
No. 99-32]
In order to obtain the services of the Public Defender, an application
shall be filed with the Municipal Court on a form to be provided by the Township.
The application form shall be consistent with the requirements of N.J.S.A.
2A:158A-14.
[Amended 7-28-1999 by Ord.
No. 99-32]
A.
Eligibility for services of the Municipal Public Defender
shall be determined by the Municipal Court on the basis of the need of the
defendant, except as provided in N.J.S.A. 22:24-11. Need shall be measured
in accordance with N.J.S.A. 2A:158A-14 and guidelines promulgated by the New
Jersey Supreme Court.
B.
In the event that a determination of eligibility cannot
be made before the time when the first services are to be rendered or if an
initial determination is found to be erroneous, the Municipal Court shall
refer the defendant to the Municipal Public Defender, provisionally, and if
subsequently it is determined that the defendant is ineligible, the Municipal
Court shall so inform the defendant and the defendant shall be obliged to
engage his or her own counsel and to reimburse the Township for the costs
of the services rendered to that time.
C.
The Municipal Court shall make an investigation of the
financial status of each defendant seeking representation pursuant to this
article and shall have the authority to require a defendant to execute and
deliver written requests or authorizations required under any applicable law
to provide the Court and access to records of public or private sources, otherwise
confidential, as may be of aid in evaluating eligibility. The Municipal Court
is authorized to obtain information from any public record office of the state
or any subdivision or agency thereof on request and without payment of the
fees ordinarily required by law.
D.
Whenever a person entitled to representation by a Municipal
Public Defender pursuant to this article is under the age of 18, the eligibility
for services shall be determined on the basis of the financial circumstances
of the individual and the financial circumstances of the individual's parents
or legal guardians. The Township shall be entitled to recover the cost of
legal services from the parents or legal guardians as provided in N.J.S.A.
2B:24-16, and the Municipal Court shall have the authority to require the
parents or legal guardians to execute and deliver the written request or authorizations
required under the applicable law in order to provide the Court with access
to records of public or private sources, otherwise confidential, as may be
of aid to it in evaluating eligibility.
[Amended 7-28-1999 by Ord.
No. 99-32]
A.
The application fee for the services of the Municipal
Public Defender shall be $200.
B.
In accordance with guidelines promulgated by the Supreme
Court, the Municipal Court may waive any required 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 on the person seeking representation. The Municipal
Court may permit a person to pay the application fee over a specified period
of time not to exceed four months.
[Amended 7-28-1999 by Ord.
No. 99-32]
If the defendant has or reasonably expects to have means to meet some
part, although not all, of the costs of the services rendered, the defendant
shall be required to reimburse the Township, either by a single payment or
installments in such amounts as the defendant can reasonably be expected to
pay, but no default or failure in making payments shall affect or reduce the
rendering of services.
[Amended 7-28-1999 by Ord.
No. 99-32]
A.
The Township shall have a lien on any property to which
the defendant shall have or acquire an interest for an amount equal to the
reasonable value of the services rendered to a defendant pursuant to this
article as calculated at the same rate as the Office of the Public Defender
bills clients at that time.
B.
The lien for the reasonable value of the services rendered
to a defendant pursuant to this article shall be effectuated in accordance
with N.J.S.A. 2B:24-13(b).
C.
Any money due to the Township by way of reimbursement
for services rendered by the Municipal Public Defender pursuant to this article
may be collected in accordance with N.J.S.A. 2B:24-16.
[Amended 7-28-1999 by Ord.
No. 99-32]
All funds collected pursuant to § 25-20 shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township. Such funds shall be used exclusively to meet the costs incurred in providing the services of the Municipal Public Defender, including, when required, expert and lay investigation and testimony.
