[Adopted 10-11-2000 by Ord. No. 00-27 as Ch. 2.64 of the 2000 Code]
Pursuant to P.L. 1997, c. 256,[1] of the public laws of the State of New Jersey, there is
established in the Township the position of Municipal Public Defender,
whose duty it shall be to represent eligible, indigent defendants
charged in Municipal Court with a crime as specified in N.J.S.A. 2B:12-18,
or if in the opinion of the Municipal Court there is a likelihood
that the defendant, if convicted of any other offense, will be subject
to imprisonment or other consequence of magnitude. The Municipal Public
Defender shall be appointed by the Township Committee and shall be
an attorney at law of the State of New Jersey, duly licensed and in
good standing before the Supreme Court of New Jersey.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
The Municipal Public Defender shall serve for a term of one
year from the date of his or her appointment, and may continue to
serve in office pending reappointment or appointment of a successor,
normally accomplished at the reorganization meeting of the Township.
The Municipal Public Defender need not be a resident of the Township.
The Municipal Public Defender may represent private clients
in any municipality, including the Township of Raritan where the Public
Defender serves as the Municipal Public Defender, subject to the rules
of court governing the conduct of lawyers, judges and court personnel.
The salary range of the position of Municipal Public Defender shall
be established in the Salary Ordinance of the Township, and the actual
rate of compensation shall be established by yearly resolution. The
amount payable to the Municipal Public Defender shall be for handling
all phases of the defense of an indigent defendant's matter before
the Municipal Court, and including any interlocutory appeals filed
during the pendency of the matter before the Municipal Court.
A defendant's eligibility for services of the Municipal Public
Defender shall be determined by the Municipal Court on the basis of
the need of the defendant, or, if the defendant is under the age of
18 years, the eligibility for services shall be determined on the
basis of the financial circumstances of the individual defendant and
the financial circumstances of the individual's parents or legal guardians.
A person applying to the court for representation by the Municipal
Public Defender shall pay, simultaneously with the application, an
application fee to the municipality of $200. The Municipal Court may
waive the required application fee, in whole or in part, and in accordance
with guidelines promulgated by the Supreme Court, only if the Court
determines, in its discretion, upon clear and convincing showing by
the applicant, that the application fee represents an unreasonable
burden on the person seeking representation.
The position of Municipal Public Defender and the providing
of legal services to indigent defendants before the Raritan Township
Municipal Court shall be administered in accordance with the provisions
of P.L. 1997, c. 256,[1] of the public laws of the State of New Jersey and this
article.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
