[HISTORY: Adopted by the Mayor and Township
Council of the Township of Dover (now Toms River) 6-22-2004 by Ord. No.
3884-04. Amendments noted where applicable.]
There is hereby created the Office of the Municipal
Public Defender. The Mayor, with the advice and consent of Township
Council, may designate one or more attorneys at law of the State of
New Jersey to provide representation of persons entitled by law to
appointment of counsel pursuant to the terms of N.J.S.A. 2B:24-3 for
crimes and offenses cognizable by the Municipal Court of the Township
of Toms River. He or she shall serve for a term of one year and thereafter
until his or her successor has been appointed and qualified.
The Public Defender shall defend indigent persons
in the Municipal Court of the Township of Toms River upon being requested
to do so by the Municipal Judge and shall perform such other duties
as may be required by the N.J.S.A. 2B:24-6, other applicable statute
and the Rules of Court.
Pursuant to N.J.S.A. 2B:24-1 et seq., the Township
of Toms River shall require any person applying for representation
by the Municipal Public Defender to pay an application fee of not
more than $200. The Municipal Court may waive any required application
fee, in whole or in part, if the Court determines, in its discretion,
that the application fee represents an unreasonable burden on the
person seeking representation.
There is hereby created the position of Investigator,
whose duties shall be to investigate the qualifications for assistance
of any indigent defendant pursuant to N.J.S.A. 2B:24-7 et seq. The
Investigator shall be appointed by the Public Defender.
The annual salary for the Municipal Public Defender
and the Investigator shall be established by Township Council by ordinance.
The compensation of a Municipal Public Defender for services rendered
shall be in lieu of any and all other compensation by the Township.
In addition to any other means provided by law
for the removal from office of a public official, a Municipal Public
Defender may be removed by the Township Council for good cause and
after a public hearing, and upon due notice and an opportunity to
be heard.
The Municipal Public Defender may represent
private clients in any municipality, including the municipality where
they act as a Municipal Public Defender, subject to the Rules of Court
Governing the Conduct of Lawyers, Judges and Court Personnel.
