[Added 12-15-1997 by Ord. No. 25-97]
A Municipal Public Defender shall be appointed
by the Township Committee. The Township Committee may appoint a Chief
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,
c.256, the Municipal Public Defender, the Chief Municipal Public
Defender and any Deputy Municipal Public Defenders shall be qualified
as an attorney 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 Municipal Public Defender by the Court.
The Municipal Public Defender, Chief 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, Chief Municipal
Public Defender or Deputy Municipal Public Defender shall be paid
his reasonable fees and charges.
The Chief Municipal Public Defender or Municipal
Public Defender, as the case may be, shall have all of the duties
provided by P.L. 1997, c.256, in the representation of indigent defendants
in proceedings over which the Township of Washington 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.
The Deputy Municipal Public Defender, if one
or more shall be appointed, shall serve in the absence or disqualification
of the Chief Municipal Public Defender or when assigned by the Chief
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 with P.L. 1997, c.256, and 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.
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 §
3-70. 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 P.L. 1997, c.256, whenever a
person entitled to representation by a Municipal Public Defender pursuant
to this act 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.
As provided by P.L. 1997, c.256, 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 act as calculated at the
same rate as the Office of the Public Defender bills clients at that
time.
The Township 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 Township Attorney
may enter into arrangements with any state or county agency to handle
collections on a cost basis. The Township 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 Township 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
Township 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, c.256, not later than March 22, 1998. The application fee set forth in §
3-68 shall take effect as of December 22, 1997. In accordance with the provisions of P.L. 1997, c.256, Section 6c, the Township shall not be required to pay for expert and lay investigation or testimony prior to March 22, 1999.