[Ord. No. 04-98 § 73-1]
There is created within the Legal Department of the City of Absecon, for administrative purposes, but independent from the Legal Department, a Municipal Public Defender who shall be appointed by the Governing Body.
[Ord. No. 04-98 § 73-2]
In accordance with the provisions of N.J.S.A. 2B:24-4, the Municipal Public Defender shall be an Attorney-at-law of the State of New Jersey in good standing and shall represent those defendants appearing in Municipal Court who are determined by the Court to be indigent and whose representation is assigned to the Municipal Public Defender by the Court.
[Ord. No. 04-98 § 73-3]
The Municipal Defender shall be appointed for a term of one year from the date of appointment and may continue to serve in office pending re-appointment or appointment of a successor.
[Ord. No. 04-98 § 73-4]
The Municipal Defender shall be compensated in the manner established by the salary ordinance. In the event the appointed Public Defender is unable to appear in court on a regularly scheduled court session for any reason and procures the services of a substitute Municipal Public Defender, the City will not be obligated to pay any additional compensation to the substitute Municipal Public Defender.
[Ord. No. 04-98 § 73-5]
The Municipal Public Defender shall have all the duties provided by N.J.S.A. 2B:24-1 et seq. in the representation of indigent defendants in proceedings over which the Absecon Municipal Court has jurisdiction.
[Ord. No. 04-98 § 73-6]
The Municipal Public Defender may represent private clients in the Absecon Municipal Court and before Absecon Municipal Agencies, subject to the Rules Governing the Conduct of Lawyers, Judges and Court Personnel.
[Ord. No. 04-98 § 73-7]
A person applying for representation by the Municipal Public Defender shall pay an application fee of $200. In accordance with N.J.S.A. 2B:24-1 et seq. and 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.
[Ord. No. 04-98 § 73-8]
Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in Section 13-20 below. Need shall be measured as provided by law and in accordance with guidelines promulgated by the New Jersey Supreme Court. In the event that a determination of eligibility cannot be made before the time when first services are rendered, or if an initial determination is found to be erroneous, the Municipal Court shall refer the defendant to the Municipal Public Defender provisionally, and if it is subsequently determined that the defendant is ineligible the Municipal Court shall notify the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the City for the cost of services rendered to that time.
[Ord. No. 04-98 § 73-9]
The Municipal Court shall make an investigation of the financial status of each defendant seeking representation and shall have the authority to require a defendant 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, which may aid in evaluating eligibility. As provided by law, the Court is authorized to obtain information from any public record office from the state or any subdivision or agency thereof on requests and without payment of the fees ordinarily required by law.
[Ord. No. 04-98 § 73-10]
As provided by N.J.S.A. 2B:24-13, whenever a person entitled to representation by a Municipal Public Defender pursuant to this act is under the age of 18, the eligibility for services shall be determined on the basis of the financial circumstances of the individual and financial circumstances of the individual's parents or guardians.
[Ord. No. 04-98 § 73-11]
As provided by N.J.S.A. 2B:24-13, if the defendant has or reasonably expects to have means to meet some part, though not all, of the costs of the services rendered, the defendant shall be required to reimburse the City and the City shall have a lien on any property to which the defendant shall have or acquire an interest for an amount equal to the reasonable value of the services rendered to a defendant pursuant to this act as calculated at the same rate as the Office of the Public Defender bills clients at that time.
[Ord. No. 04-98 § 73-12]
The Municipal Attorney may do all things necessary to collect any money due to the City by way of reimbursement for services rendered by a Municipal Public Defender. The Municipal Attorney may enter into arrangements with a state or county agency to handle collections on a cost basis. The Municipal Attorney shall have all the remedies and proceedings available for or upon the recovery of a judgment in a civil action and shall be permitted to collect counsel fees and costs from the defendant. The Municipal Attorney is authorized to compromise and settle any claim for services performed whenever the financial circumstances of the person receiving the services are such that, in the judgment of the Municipal Attorney, the best interest of the City will be served by compromise and settlement.
[Ord. No. 04-98 § 73-13]
Funds collected from the application fee shall be deposited in a dedicated fund administered by the Chief Financial Officer of the City. The 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.