In order to obtain the services of the Municipal Public Defender, 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 nonwaivable application fee of up to $200 to each person from whom an application for services of Municipal Public Defender is made. This fee shall be chargeable regardless of whether the applicant is found to require in services of Municipal Public Defender.
[Amended 3-10-2016 by Ord. No. 2016-1; 1-11-2018 by Ord. No. 2017-12]
C.
The defendant's inability to pay the application fee shall in no way affect or reduce the rendering of services to him. In 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 installments, in such amount as he can reasonably be expected to pay; but no default or failure in the making of such payment shall in any way effect or reduce the rendering of services to him. The determination of ability to make part payment shall be made by the Municipal Court Judge, based on the defendant's application for Municipal Public Defender assistance.