[Adopted 3-3-1998 by Ord.
No. 1998-4]
There is hereby created the position of Municipal Public Defender, who
shall be appointed by the Township Committee. The Township Committee may appoint
a Municipal Public Defender and such Deputy Municipal Public Defenders as
may be determined by the Township Committee to be necessary.
In accordance with the provisions of P.L. 1997, Chapter 256,[1] the Municipal Public Defender and any Deputy Municipal Public
Defenders shall be qualified as attorneys-at-law of the State of New Jersey
in good standing and shall represent those defendants appearing in Municipal
Court who are determined by the Court to be indigent and whose representation
is assigned to the Township Public Defender by the Court.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
The Municipal Public Defender or Deputy Municipal Public Defender shall
be appointed for a term of one year from the date of appointment and may continue
to serve in office pending reappointment or appointment of a successor.
The Municipal Public Defender or Deputy Municipal Public Defender shall
be compensated in the manner established by ordinance.
The Municipal Public Defender shall have all of the duties provided
by P.L. 1997, Chapter 256,[1] in the representation of indigent defendants in proceedings over
which the Shamong Municipal Court has jurisdiction and shall have authority
over any Deputy Municipal Public Defenders that may be appointed by the Township
Committee with respect to the performance of their duties.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
The Deputy Municipal Public Defender, if one or more shall be appointed,
shall serve in the absence or disqualification of the Municipal Public Defender
or when assigned by the Municipal Public Defender.
The Municipal Public Defenders may represent private clients in the
Municipal Court and before Township agencies, subject to the Rules of Court
Governing the Conduct of Lawyers, Judges and Court Personnel.
A person applying for representation by the Municipal Public Defender
shall pay an application fee of $200. In accordance P.L. 1997, Ch. 256,[1] and 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 specific period of time, not to exceed four
months.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
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 § 11-18. Need shall be measured as provided by law and in accordance with guidelines promulgated by the New Jersey Supreme Court. 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 inform the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the municipality for the cost of the services rendered to that time.
The Municipal Court shall make an investigation of the financial status
of each defendant seeking representation and shall have the authority to require
a defendant to execute and deliver written requests or authorizations required
under applicable law to provide the Court with access to records of public
or private sources, otherwise confidential, as may be of aid in evaluating
eligibility. As provided by law, the
Court is authorized to obtain information from any public record office of
the state or of any subdivision or agency thereof on request and without payment
of the fees ordinarily required by law.
As provided by P.L. 1997, Ch. 256,[1] whenever a person entitled to representation by a Municipal Public
Defender pursuant to this article is under the age of 18 years, 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.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
As provided by P.L. 1997, Ch. 256,[1] if the defendant has or reasonably expects to have means to meet
some part, though not all, of the cost of the services rendered, the defendant
shall be required to reimburse the Township, and 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.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
The Municipal Attorney may do all things necessary to collect any money
due to the Township by way of reimbursement for services rendered by a Municipal
Public Defender. The Municipal Attorney may enter into arrangements with any
state or county agency to handle collections on a cost basis. The Municipal
Attorney shall have all the remedies and proceedings available for collection
which are available for or upon the recovery of a judgment in a civil action
and shall also be permitted to collect counsel fees and costs from the defendant.
The Municipal Attorney is authorized to compromise and settle any claim for
services performed whenever the financial circumstances of the person receiving
the services are such that, in the judgment of the Municipal Attorney, the
best interest of the Township will be served by compromise and settlement.
Funds collected from the application fee shall be deposited in a dedicated
fund administered by the Chief Financial Officer of the Township. The funds
shall be used exclusively to meet the costs incurred in providing the services
of a Municipal Public Defender, including, when required, expert and lay investigation
and testimony.
The Township Committee shall appoint a Municipal Public Defender, as
required by P.L. 1997, Ch. 256,[1] not later than March 22, 1998. The application fee set forth in § 11-16 above shall take effect as of March 22, 1998. In accordance with the provisions of P.L. 1997, Ch. 256, Section 6c,[2] the Township shall not be required to pay for expert and lay investigation
or testimony prior to March 22, 1999.
