[Adopted 11-22-2011 by Ord. No. 2011-16]
As used in this article, the following terms shall have the meanings indicated:
INDIGENT DEFENDANT
A person who is entitled to be represented by a municipal public defender pursuant to N.J.S.A. 2B:24-1 et seq., and does not have the present financial ability to secure competent legal representation in accordance with the eligibility requirements promulgated in N.J.S.A. 2B:24-9 and 2A:158A-14.
MUNICIPAL COURT
The Municipal Court of the Borough of Lodi.
MUNICIPAL PUBLIC DEFENDER
A person pursuant to N.J.S.A. 2B:24-4 appointed to represent indigent defendants in proceedings over which the Municipal Court has jurisdiction.
A person applying for representation as an indigent defendant by a public defender shall pay an application fee of $200 to pay toward the cost of the Municipal Public Defender services. In accordance with 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 fee over a specific period of time not to exceed four months.
Funds collected pursuant to § 29-11 of this article shall be deposited in a dedicated fund administered by the Chief Financial Officer of the municipality. Such 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.
Beginning in 2012, if it is determined by the Division of Local Government Services during its annual review of the municipal budget that the amount of money in the dedicated fund established pursuant to this article exceeds by more than 25% the amount which the municipality expended during the prior year providing the services of a municipal public defender, the amount in excess of the amount expended shall be forwarded to the Criminal Disposition and Review Collection Fund administered by the Victims of Crime Compensation Board of the State of New Jersey.