[Ord. No. 2014-8]
The municipal prosecutor and municipal public defender shall
be in but not of the Department of Administration and Finance.
[Ord. No. 2014-8]
There shall be a municipal prosecutor, who shall be appointed
by the mayor with the advice and consent of the council for the term
of one year from the date of appointment. Said appointment shall be
memorialized in a professional services resolution and agreement in
accordance with the requirements of the New Jersey Local Public Contracts
Law (N.J.S.A. 40A:11-1 et seq.). The municipal prosecutor shall be
qualified and licensed as an attorney-at-law of the State of New Jersey
in good standing. The prosecutor shall receive such compensation as
is established in the aforesaid professional services resolution and
agreement, a portion of which, if appropriate, may be provided for
by the council in the annual salary ordinance. The compensation of
municipal prosecutors, including additional prosecutors, shall be
in lieu of any and all other fees; provided, however that when a municipal
prosecutor is assigned to prosecute a de novo appeal in the Superior
Court, the prosecutor shall be entitled to additional compensation
unless the municipality expressly provides otherwise at the same time
as the adoption of the aforesaid professional services resolution.
The duties of the prosecutor shall be as follows:
(a)
Participate in and prosecute all cases when necessary or practical
in the municipal court, including all criminal and quasi-criminal
complaints; and all complaints by municipal officials, inspectors
and directors, in conjunction with the municipal attorney, when appropriate;
and
(b)
Have the power and authority, to the extent not inconsistent with
any statute of the State of New Jersey or applicable municipal ordinances,
to settle, compromise, downgrade or dismiss any complaints when, in
the prosecutor's judgment, the best interests of the municipality
will be served.
[Ord. No. 2014-8]
(a)
In accordance with applicable laws, ordinances and resolutions,
the mayor may appoint additional municipal prosecutors as necessary
to administer justice in a timely and effective manner in municipal
court. Such appointments shall be made in accordance with N.J.S.A.
2B:25-4 and shall be for a term of one year from the date of appointment
and may continue pending reappointment or appointment of a successor.
Said appointments shall be memorialized in professional services resolution(s)
and agreement(s) in accordance with the requirements of the New Jersey
Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
(b)
If the municipal court has two or more municipal prosecutors
there shall be a "chief municipal prosecutor" who shall be appointed
by the mayor. The chief municipal prosecutor shall have authority
over other prosecutors serving that court with respect to the performance
of their duties.
[Ord. No. 2014-8]
There shall be a municipal public defender who shall be appointed
by the mayor, with the advice and consent of the council. The mayor
may appoint such additional public defenders as may be determined
to be necessary. In such case, the mayor shall appoint one of the
public defenders as "chief public defender," in accordance with the
provisions of N.J.S.A. 2B:24-3. Said appointments shall be memorialized
in professional services resolution(s) and agreement(s) in accordance
with the requirements of the New Jersey Local Public Contracts Law
(N.J.S.A. 40A:11-1 et seq.).
[Ord. No. 2014-8]
In accordance with the provisions of N.J.S.A. 2B:24-4, the public
defender and any additional (deputy) public defenders shall be qualified
as attorney(s)-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 public defender by the court.
[Ord. No. 2014-8]
The public defender(s) 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.
[Ord. No. 2014-8]
The public defender(s) shall be compensated as set forth in
the aforesaid professional services resolution(s) and agreement(s),
a portion of which, if appropriate, may be provided for by the council
in the annual salary ordinance.
[Ord. No. 2014-8]
The chief public defender shall have all of the duties provided
by N.J.S.A. 2B:24-6 in the representation of indigent defendants in
proceedings over which the Princeton Municipal Court has jurisdiction
and shall have authority over any deputy public defenders that may
be appointed with respect to the performance of their duties.
[Ord. No. 2014-8]
Deputy public defenders shall serve in the absence or disqualification
of the chief public defender or when assigned by the chief public
defender.
[Ord. No. 2014-8]
Municipal public defenders may represent private clients in
the municipal court and before municipal agencies, subject to the
Rules of Court Governing the Conduct of Lawyers, Judges and Court
Personnel.
[Ord. No. 2014-8]
A person applying for representation by the public defender
shall pay an application fee of $200. In accordance with N.J.S.A.
2B:24-17 and with guidelines promulgated by the New Jersey 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.
[Ord. No. 2014-8]
Eligibility for services of the public defender shall be determined
by the municipal court on the basis of the need of the defendant.
Need shall be measured as provided by law and in accordance with the
guidelines promulgated by the New Jersey Supreme Court. In the event
that a determination of eligibility cannot 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 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.
[Ord. No. 2014-8]
The municipal court shall undertake an investigation of the
financial status of each defendant seeking representation 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 any subdivision or agency thereof
on request and without payment of fees ordinarily required by law.
[Ord. No. 2014-8]
As provided by N.J.S.A. 2B:24-11, whenever a person entitled
to representation by a public defender pursuant to said 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.
[Ord. No. 2014-8]
As provided by N.J.S.A. 2B:24-12, if the defendant has or reasonably
expects to have means to meet some part, though not all, of the cost
of the services rendered, the defendant shall be required to reimburse
the municipality and the municipality shall have a lien on any property
to which the defendant shall have or acquire an interest for the amount
equal to the reasonable value of the services rendered to a defendant
pursuant to this act as calculated at the same rate as the office
of the public defender bills clients at that time.
[Ord. No. 2014-8]
The municipal attorney may do all things necessary to collect
any money due to the municipality by way of reimbursement for services
rendered by a 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 of 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 claims
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 municipality will be
served by compromise and settlement.
[Ord. No. 2014-8]
Funds collected from the application fee shall be deposited
in a dedicated fund administered by the chief financial officer of
the municipality. The fund shall be used exclusively to meet the costs
incurred in providing the services of a public defender including,
when required, expert and lay person investigation and testimony.
