[Added by Ord. No. 23-1997]
A. Position created; appointment; term; salary. There is hereby created
the position of Township Public Defender to be filled by a competent
attorney at law of the state appointed by the Township Committee for
a term of one year until the first day of January next following his
or her appointment and until his or her successor is appointed and
has qualified. The Township Public Defender shall receive such compensation
as shall be fixed by the Township Committee by ordinance.
B. Powers and duties. The Township Public Defender shall provide the
legal representation of any indigent defendant in the Municipal Court
of the Township in accordance with P.L. 1997, c. 256.
C. Application for representation by Township Public Defender. In order
to obtain the services of the Township Public Defender, an application
must be filed with the Municipal Court on a form to be provided by
the Court. The Municipal Court shall make a decision as to whether
of defendant is indigent after reviewing each defendant's application.
This determination shall be based upon the need of the defendant in
accordance with P.L. 1997, c. 256.
D. Application fee for representation by Township Public Defender. A person applying for representation by the Township Public Defender or Court approved counsel shall pay to the Township Municipal court an application fee as provided in Chapter
160, Fees, but only in an amount necessary to pay the costs of 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 application fee over a specific period of time not to exceed four months.