[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.
