Township of Fairfield, NJ Department of Law

[1969 Code § 37-1; Ord. No. 582]

Organization. There shall be an office of the Township Attorney appointed by the Mayor with the advice and consent of the Council for a term of one year.

Powers and Duties of the Township Attorney. The Township Attorney shall be the Township's chief legal officer. He shall:

Serve as legal advisor to the Council, Mayor and Administrator on all matters of Township business.

Attend meetings of the Council, including regular, special and conference meetings.

Examine and approve as to form and sufficiency all performance bonds, insurance certificates and maintenance bonds submitted by developers in connection with the developments receiving subdivision consideration by the Planning Board.

Draft and approve as to form and sufficiency all resolutions and ordinances.

Represent the Township and its officers and employees in all litigations wherein the Township is named a party defendant or the officers and employees are named parties defendant as the result of performing their duties as officers or employees of the Township, with the exception of litigation wherein the Township or its officers and employees are named defendants and the defense of the action is the obligation of an insurance company under a policy wherein the Township is designated and insured. In addition, the Township Attorney shall represent the Township in all litigation wherein the Township is the plaintiff in an action duly authorized by the Council.

Be responsible for all matters pertaining to tax liens and the foreclosure of same by action in the Superior Court of New Jersey.

Power to Compromise. The Township Attorney may, with the approval of the Mayor and Council, be empowered to compromise, settle or adjust any rights, claims, demands or causes of action in favor of or against the Township.

[Ord. No. 94-8 § 1; Ord. No. 98-02 § 1]

Public Defender, Appointment. There is hereby created within the Department of Law, for administrative purposes, but independent from the Department of Law, a Municipal Public Defender who shall be appointed by the Mayor with the consent of the Council. The Mayor may appoint a Chief Municipal Public Defender and such Deputy Municipal Public Defenders as may be determined to be necessary.

Qualifications. In accordance with the provisions of P.L. 1997, Chapter 256, the Municipal Public Defender and any Deputy Municipal Public Defenders shall be qualified as 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.

Term. The Municipal Public Defender, Chief Municipal Public Defender or Deputy Municipal Public Defender shall be appointed for a term of one year from the date of appointment and may continue to serve in office pending reappointment or appointment of a successor.

Compensation. The Municipal Public Defender, Chief Municipal Public Defender or Deputy Municipal Public Defender shall be compensated in the manner established by ordinance.

Chief Municipal Public Defender. The Chief Municipal Public Defender shall have all of the duties provided by P.L. 1997, Chapter 256 in the representation of indigent defendants in proceedings over which the Fairfield Municipal Court has jurisdiction and shall have authority over any Deputy Municipal Public Defenders that may be appointed by the Mayor with respect to the performance of their duties.

Deputy Municipal Public Defender. The Deputy Municipal Defender, if one or more shall be appointed, shall serve in the absence or disqualification of the Chief Municipal Public Defender or when assigned by the Chief Municipal Public Defender.

Representation of Private Clients. The Municipal Public Defenders may represent private clients in the Municipal Court and before Township agencies, subject to the Rules of Court Governing the Conduct of Lawyers, Judges and Court Personnel.

Application for Representation by the Public Defender. A person applying for representation by the Municipal Public Defender shall pay an application fee of $200. In accordance with P.L. 1997, Ch. 256 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.

Eligibility for Service. Eligibility for service 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 Subsection j. 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 can not be made before the time when the first services are to be 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 subsequently it is determined that the defendant is ineligible, the Municipal Court shall inform the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the municipality for the cost of the services rendered to that time.

Investigation of Financial Status. The Municipal Court shall make an investigation of the financial status of each defendant seeking representation by the Municipal Public Defender 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, as may be of aid in evaluating eligibility. As provided by law, the Court is authorized to obtain information from any public record office of the State or of any subdivision or agency thereof on request and without payment of the fees ordinarily required by law.

Financial Obligations of Parents or Guardians. As provided by P.L. 1997, Ch. 256, whenever a person entitled to representation by a Municipal Public Defender pursuant to this act, is under the age of 18 years, the eligibility for services shall be determined on the basis of the financial circumstances of the individual and the financial circumstances of the individual's parents or legal guardians.

Reimbursement to the Township. As provided by P.L. 1997, Ch. 256, if the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of services rendered, the defendant shall be required to reimburse the Township and the Township 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 the defendant pursuant to this act as calculated at the same rate as the Office of the Public Defender bills clients at that time.

Collection and Settlement of Claims. The Municipal Attorney may do all things necessary to collect any money due to the Township by way of reimbursement for services rendered by a Municipal Public Defender. The Municipal Attorney may enter into arrangements with any State or County agency to handle collections on a cost basis. The Municipal Attorney shall have all the remedies and proceedings available for collection which are available for or upon the recovery of a judgment in a civil action and shall also 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 Township will be served by compromise and settlement.

Establishment of Fund. Funds collected from the application fee shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township. 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.

Effective Dates. The application fee set forth in Subsection 2-7.3h shall take effect immediately upon adoption of this subsection. In accordance with the provisions of P.L. 1997, Ch. 256, Section 6 c, the Township shall not be required to pay for expert and lay investigation or testimony prior to March 22, 1999.