[HISTORY: Adopted by the Mayor and Council of the Borough of Woodstown 7-8-97 as Ord. No. 516. Amended in its entirety 12-9-97 by Ord. No. 521. Further amendments noted where applicable.]
Be it ordained by the Borough of Woodstown, County of Salem and State of New Jersey as follows:
Pursuant to the Constitutions of the United States and the State of New Jersey, all persons accused of an offense have the right to be represented by competent counsel when appearing in the Municipal Court. This chapter is intended to incorporate by reference the provisions found in N.J.S.A. 2B:12-28 and to provide for the appointment of a Municipal Prosecutor for the Joint Municipal Court.
Any defendant appearing in the Joint Municipal Court of Woodstown and Mannington charged with any offense having consequences or magnitude may apply for representation by the Municipal Public Defender or appointed counsel in the event of a conflict or public defender unavailability. The Judge of the Joint Municipal Court shall, upon due examination, determine whether or not an applicant is indigent. If the Court finds an applicant to be indigent in accordance with N.J.S.A. 2B:12-28, the Court shall appoint the Municipal Public Defender to provide a defense. If the Municipal Public Defender is unavailable for any reason, then the Court shall appoint a person authorized to practice law in the State of New Jersey to represent the defendant, and this person shall be compensated as provided in N.J.S.A. 2B:12-7(b).
Any person applying for representation by the Municipal Public Defender or Court approved counsel shall pay an application fee of $200. The Municipal Court may waive all or a portion of the required application fee, only if the Court determines in its discretion in accordance with guidelines promulgated by the Supreme Court upon a clear and convincing showing that the application fee represents an unreasonable burden on the person seeking representation. The Court may also permit a person to pay the application fee over a specific period of time not to exceed four months.
All fees collected pursuant to this chapter shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Borough of Woodstown or as otherwise agreed by the governing bodies of the Borough of Woodstown and Township of Mannington. These 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.