[Adopted by Ord. No. 1997-2 (Sec. 2-26 of the 1987 Revised General Ordinances)]
There hereby is created the office of Municipal Court Public
Defender. The Public Defender shall be nominated by the Mayor, with
the advice and consent of the Council, in the event such appointment
by the Mayor and Council is deemed advisable or necessary.
The Municipal Court Public Defender shall serve for a term of
one year, provided, however, the term shall expire on December 31
of the year of appointment.
The Municipal Court Public Defender shall provide all necessary
and desirable legal counsel and advice required for the defense of
cases in the Municipal Court of the Borough on behalf of those indigent
defendants who are entitled by law to appointment of counsel and as
approved by the Municipal Court Judge.
[Amended by Ord. No. 1997-38]
Every person who makes application to the Red Bank Municipal
Court for representation by the Public Defender in any matter pending
before the Court shall pay an application fee of $200. The Municipal
Court may waive this 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.
An applicant seeking a waiver shall submit a written request supported
by facts that payment of the fee would represent an unreasonable burden
on the applicant. The Court may consider the applicant's employment
status, income, assets, number of dependents, financial obligations,
and any other information relevant to a determination, in the discretion
of the judge, of what constitutes an unreasonable burden on the particular
applicant. Waivers shall be decided by the Court on a case-by-case
basis according to the particular circumstances of each applicant.
