[Adopted 5-4-1998 by Ord. No. 8-1998]
Beginning on January 1, 1998, there is hereby
established the position of Public Defender for the Township of Greenwich,
which position shall be filled by an appointment by the Mayor with
the advice and consent of Council.
The term of office of the Public Defender shall
be one year, commencing January 1 of the calendar year and concluding
December 31 of that same year. The Public Defender shall receive as
salary such sums as may be fixed and adopted by the Township Council
in the annual Salary Ordinance.[1]
[1]
Editor's Note: The current Salary Ordinance is on file in
the office of the Municipal Clerk.
Any vacancy in the position of Public Defender
shall be filled by appointment by the Mayor with the advice and consent
of Council and shall be for the remainder of the unexpired term.
Persons applying for representation by the Public
Defender shall pay to the Court Administrator a fee of not more that
$200. 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.
Application fees paid to the Court Administrator
shall be used to defray the costs of hiring the Public Defender and
the administrative costs related to operating the Municipal Court,
including but not limited to the provision of appropriate expert and
lay investigation and testimony.
The Judge of the Municipal Court is authorized
to make decisions as to which defendants are indigent in accordance
with criteria set forth in N.J.S.A. 2A:158A-14 and any guidelines
promulgated by the Supreme Court of New Jersey.
The Public Defender shall be an attorney at
law of the State of New Jersey in good standing and shall interview
and defend all defendants determined by the Court to be indigent.
This article shall take effect retroactively
to January 1, 1998, after final adoption and publication according
to law.
