[Adopted 3-6-1998 (Ch. 28 of the 1977 Code)]
There is hereby created the office of Municipal Public Defender
of the Township. The Municipal Public Defender shall serve the Municipal
Court of the Township of White.
The White Township Committee shall appoint the Municipal Public
Defender and shall fill any vacancy in the office which shall be for
the unexpired term only.
The Municipal Public Defender shall be an attorney at law of
the State of New Jersey, but need not be a resident of the Township.
The term of office of the Municipal Public Defender shall be
for one year commencing on January 1 and terminating on December 31.
The Municipal Public Defender may continue to serve in office pending
reappointment or appointment of a successor.
It shall be the duty of the Municipal Public Defender to represent,
except in the case of temporary unavailability or conflict of interest,
any defendant charged with a crime as specified in N.J.S.A. 2B:12-18
or if, in the opinion of the Municipal Court, there is a likelihood
that the defendant, if convicted of any other offense, will be subject
to imprisonment or other consequence of magnitude; and to perform
other duties as set forth in the statute governing municipal public
defenders.
The Municipal Public Defender shall receive compensation on
a per-case basis in an amount as shall be fixed from time to time
by resolution of the Township Committee.
Each individual applying for representation by the Municipal
Public Defender shall be required to pay an application fee of $200,
provided that such amount shall not exceed the amount necessary to
pay the cost of the Municipal Public Defender services. The Municipal
Court Judge 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 party seeking representation.
The funds collected pursuant to § 44-17 above shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township of White. Such funds shall be used exclusively to meet the cost incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony.
In respect to each defendant entitled to and seeking representation
by the Municipal Public Defender, the Municipal Court shall make an
investigation of the financial status of each defendant and/or the
defendant's legal guardians or parents if the defendant is under
the age of 18 years. The investigation shall include the authority
to require a defendant and/or the defendant's legal guardians
or parents, if the defendant is under the age of 18 years, 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.
The Attorney for the Township of White shall be permitted, in
the name of the Township of White, to collect any money due to the
Township of White by way of reimbursement for services rendered by
a Municipal Public Defender as provided by law.
