There shall be a Department of Law, the head of which shall
be the Township Attorney. The Township Attorney shall serve full-time.
There shall be assigned to the Department of Law for administrative
purposes and for the purpose of reporting on work loads and results
of cases the Office of Public Defender and the Office of Prosecutor-Police
Legal Advisor. It is understood that each of these two attorney positions
is independent as regards the carrying out of the duties as an attorney,
and such positions shall in no way be subject to the jurisdiction
of the Municipal Attorney in the independent pursuit of the litigation
with which they are charged.
[Amended 9-21-1994 by Ord. No. 94-041; 10-8-1997 by Ord. No.
97-029; 5-6-1998 by Ord. No. 98-022]
The duties of the Public Defender shall be as follows:
A. He shall attend all sessions of the Municipal Court as required and
shall serve as the defense attorney for any and all indigent defendants
charged with the violation of the Disorderly Persons Act or Motor
Vehicle Act or any other offense or charge which carries with it a
penalty of substantial fine, incarceration or loss of driving privileges,
or any other charge or complaint which the Supreme Court of the state
has determined entitles such defendants to have counsel provided.
(1) It shall be the duty of the Municipal Judge of the Township to ascertain
whether such indigent defendants desire the services of a public defender
and are in fact indigent, and determine whether or not the charges
sufficiently warrant the assignment of the Public Defender and, in
such cases, to make the actual assignment to the Public Defender.
(2) If the Public Defender ascertains that such defendant so assigned
is not in fact indigent, he will so advise the Judge, who will make
the final determination in regard to whether such defendant is entitled
to the services of the Public Defender.
(3) Any person applying for representation by a Municipal Public Defender shall be required to pay an application fee as set forth in Chapter
215, Fees, of the Township Code; provided, however, that the Municipal Court may postpone or waive the payment of all of said fee if the Court determines, in its discretion, that the payment of said fee will impose an unreasonable burden on the person seeking representation by the Municipal Court Public Defender. Any person otherwise requesting and receiving the assistance of a Municipal Public Defender while appearing before the Municipal Court shall be required to pay an administrative fee not to exceed the fee as set forth in Chapter
215, Fees; provided, however, that the Municipal Court may postpone or waive the payment of all of said fee if the Court determines, in its discretion, that the payment of said fee will impose an unreasonable burden on the person.
[Amended 7-18-2017 by Ord. No. 17-029]
B. When the indigent defendant is represented by the Public Defender
and is found guilty of charges against him, the Public Defender shall
advise the defendant as to the possibility of filing an appeal and,
if he deems it appropriate, shall take the necessary steps with the
County Public Defender's Office and shall make definite arrangements
as to whether the Municipal Public Defender or the County Public Defender
shall perform the services incidental and necessary to the appeal.
C. The Public Defender shall provide the Township Attorney with a monthly
report outlining his activities and including the number of cases
handled and the disposition thereof, and the number of appeals and
their disposition.
The Municipal Prosecutor-Police Legal Advisor shall:
A. Participate in and prosecute all cases when necessary or practical
in the Municipal Court of the Township, including all criminal and
quasi-criminal matters and all complaints by Township officials, inspectors
and department heads, and shall, in addition, serve as the attorney
for all police officers in such proceedings.
B. Have the power and authority, to the extent not inconsistent with
any statutes of the state or ordinances of the Township, to settle,
compromise, downgrade or dismiss any complaints when in his judgment
the best interests of the Township will be served.
C. Act as police legal advisor, including keeping the Director of Public
Safety, the Chief of Police, officers and police members advised as
to the changes in the state statutes or ordinances of the Township
and as to significant and current developments of judicial decisions.
D. Formulate and conduct a continuing educational program for the Police
Division, which shall include appropriate memoranda, courses and lectures
on administration, modern law enforcement procedures, proper filing
of complaints, search and seizure, the issue of warrants and other
pertinent activities normally carried on by the Police Division.
E. Provide a legal opinion upon any legal, police or Municipal Court
matter when requested by the Mayor, Township Council, Municipal Judge
or Township Attorney, the Chief of Police, any senior police officer
or any department head of the Township.
F. Represent the Township, Municipal Court and Township police officers
on appeal from any decision rendered by the Municipal Court.
G. Provide the Municipal Attorney with a monthly report outlining the
activities of his office, including the number of cases handled, disposition,
courses given and other activities.