[Adopted 9-12-1990 by Ord. No. 90:09; amended in its entirety 3-9-1994 by Ord. No.
94:02]
There is hereby created the position of Public Defender for
the Borough of Somerdale, which position shall be appointed by the
Mayor and Council to represent persons as directed by the Municipal
Court Judge. The salary of the Public Defender shall be as established
by the Annual Salary Ordinance.[1] The term of office of Public Defender shall be one year,
commencing January 1 of the calendar year and concluding December
31 of that same year.
[Amended 1-14-1998 by Ord. No. 97:16]
A.
In order to obtain the services of the Public Defender, an application
must be filed with the Municipal Court on a form to be provided by
the Borough. The Municipal Court Judge shall make a decision as to
whether a defendant is indigent after reviewing each defendant's
application. This determination shall be based upon whether the defendant
has the present financial ability to secure competent legal representation
and to provide all other necessary expenses of representation.
B.
The Municipal Court Judge shall assess an application fee from each
defendant who makes an application for the services of the Public
Defender. This fee shall be due regardless of whether the applicant
is found to require the services of the Public Defender; however,
the Municipal Court Judge may waive this fee, in whole or in part,
if the Judge determines, in his or her discretion, upon a clear and
convincing showing by the defendant that this application fee represents
an unreasonable burden on said defendant. This application fee shall
be as set forth in the Annual Fee Ordinance or otherwise pursuant
to N.J.S.A. 2B:12-1, as same may be amended from time to time.
C.
The defendant's inability to pay the application fee shall in
no way affect or reduce the rendering of services to him. In the case
of a defendant who is unable or unwilling to pay the application fee
and for whom the fee was not waived, then the fee shall become a lien
and the Borough may collect the fee consistent with N.J.S.A. 40:6A-1
or 2A:158A-19 or in any manner as permitted by law.
