In order to obtain the services of the Municipal Public Defender
or a court-approved counsel, an application must be filed with the
Municipal Court on a form provided by the borough. The application
form shall be consistent with the requirements of N.J.S.A. 2A:158A-1
et seq.
A. The Municipal Court Judge shall make the decision as to which defendants
are indigent after reviewing the defendant's application. This
determination shall be based upon whether the applicant fits within
the definition of "indigent defendant" found within N.J.S.A. 2A:158A-2.
B. The Municipal Court Administrator shall assess a nonwaiveable application
fee of $200.00 upon each person from whom an application for services
under this chapter is made. This fee shall be chargeable regardless
of whether the applicant is found to require the services of the Municipal
Public Defender or court-approved counsel. The Municipal Court Judge
may waive any 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 upon the applicant.
C. The defendant's inability to pay the application fee shall in
no way affect or reduce the rendering of services under this chapter.
In the case of a defendant who is unable or unwilling to pay the application
fee, the fee shall become a lien and the borough may collect the fee
consistent with N.J.S.A. 40:6A-1 and N.J.S.A. 2A:158A-19.
D. In all cases where it appears that the defendant has, or reasonably
expects to have, means to meet some part, though not all, of the cost
of the services rendered to him, he shall be required to reimburse
the borough, either by single payment or in installments, in such
amounts as the applicant can reasonably be expected to pay over a
time period not to exceed four months. No default or failure in the
making of such payment shall affect or reduce the rendering of services
under this chapter.
All moneys collected for the use of this application fee shall
be used exclusively to meet the costs incurred in providing the services
of the Municipal Public Defender or court-approved counsel, including,
when required, expert and lay investigation and testimony.