The administrative functions, powers and duties
of statutory and other agencies of the Township government not allocated
and assigned by this chapter shall be subject to the supervision of
the Chairman of the Township Committee except as otherwise specifically
provided by law, and for this purpose such statutory and other agencies
are allocated and assigned to the Chairman of the Township Committee.
A.
The Municipal Court for the Township of Deerfield shall he established as a Joint Municipal Court unless the Township Committee by a majority vote determines to operate an individual Township Municipal Court pursuant to the provisions of this article, § 5-48A. Effective January 30, 2012, Deerfield Township shall participate in the establishment of the CS Regional Municipal Court unless the Mayor and Township Committee determine by resolution that such participation shall not be in the best interest of Deerfield Township. During such times as Deerfield Township is a member of the CS Regional Municipal Court, its participation shall be controlled by the agreement establishing and detailing the operation of the CS Regional Municipal Court. In the event Deerfield Township shall withdraw from participation in the CS Regional Municipal Court, then the Municipal Court of the Township of Deerfield shall be operated as previously provided in § 5-48A herein.
[Amended 12-7-2011 by Ord. No. 2011-10]
B.
Public Defender.
[Added 4-20-1994 by Ord. No. 1994-4; amended 7-1-1998 by Ord. No. 1998-6]
(1)
Establishment of position; appointment; term. There
is hereby created within the Township of Deerfield the position of
Municipal Public Defender. Appointment to this position shall be made
by the Township Committee of the Township of Deerfield with the consent
of Council. The person so appointed shall serve for a term of one
year and until his successor is appointed and qualified.
(2)
Qualifications; duties. The person appointed to the
position of Municipal Public Defender shall be an attorney at law
of the State of New Jersey in good standing and need not reside in
the Township of Deerfield. It shall be the duty of the Municipal Public
Defender to represent, except in the case of temporary unavailability
or conflict of interest, any defendant charged with an offense in
the Municipal Court who is an indigent municipal defendant entitled
to representation pursuant to the provisions of P.L. 1997, c. 256.[1] The Municipal Public Defender shall be responsible for
handling all phases of the defense, including but not limited to discovery,
pretrial and posttrial hearings, motions, removals to Federal District
Court and other collateral functions reasonably related to the defense.
However, posttrial hearings shall not include denovo appeals in the
Superior Court, and the Municipal Public Defender shall not be required
by this section to take such an appeal.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
(3)
Compensation. The Municipal Public Defender shall
receive compensation as may be determined from time to time by the
Township Committee of the Township of Deerfield. The Township Committee
shall provide a professional services agreement which shall set forth
the duties and compensation of the Municipal Public Defender, which
compensation shall be in lieu of any and all other compensation to
be paid to the Municipal Public Defender by the Township. The professional
services agreement shall set forth any additional compensation to
be paid for interlocutory appeals in the Superior Court.
(4)
Representation of nonindigent defendants. The Municipal
Public Defender may represent private clients in any municipality,
including the Township of Deerfield, subject to the Rules of Court
governing the conduct of lawyers.
(5)
Payment of necessary services and facilities. The
Township of Deerfield shall provide all necessary services and facilities
of representation, including both expert and lay investigation and
testimony, as well as other preparations needed for the proper representation
of indigents represented by the Public Defender in the Township of
Deerfield Municipal Court. The Township shall be responsible for payment
for services pursuant to this section. However, the factors of need
and real value to a defendant shall be weighed against the financial
constraints of the municipality in determining the necessary services
and facilities of representation. The final determination as to necessity
for services required pursuant to this section shall be made by the
Municipal Court Judge upon application of the Public Defender. In
no event, however, shall the Township of Deerfield be responsible
to pay for expert and lay investigation or testimony as required by
this section prior to March 22, 1999.
(6)
Cases eligible for representation by the Public Defender.
The Municipal Court Judge shall determine those cases in which an
applicant for representation is eligible to be represented by the
Township of Deerfield Municipal Public Defender; however, the Municipal
Public Defender shall represent an indigent defendant 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 with any other offense, will be subject to imprisonment
or other consequence of magnitude, the Municipal Public Defender shall
represent such indigent defendant.
(7)
Representation where office is vacant or Municipal
Public Defender is temporarily unavailable. If there is a vacancy
in the office of the Municipal Public Defender or if the Municipal
Public Defender is temporarily unavailable or if there is a conflict
of interest which precludes the duly appointed Municipal Public Defender
from representing an indigent defendant, the Municipal Prosecutor
may prosecute the offense if the Municipal Court appoints a qualified
attorney to represent the indigent defendant. In such case, the attorney
appointed to represent the indigent defendant shall be entitled to
compensation at the same rate as the Municipal Public Defender is
paid pursuant to the Township's Salary Ordinance[2] and the terms of the Public Defender's contract, and payment
shall be made within 30 days after submission of a voucher certifying
the services rendered by said attorney. Once appointed, the attorney
so appointed shall carry out all duties of the Municipal Public Defender
in connection with the case which is the subject of such appointment.
[2]
Editor's Note: The Salary Ordinance is on
file in the office of the Township Clerk.
(8)
Application fee for representation.
(a)
Any person applying for representation by a Municipal
Public Defender or by a Court-approved attorney in the Township of
Deerfield Municipal Court shall pay an application fee of not more
than $200, provided that the fee to be paid shall only be in an amount
necessary to pay the costs of the Municipal Public Defender's services.
In accordance with guidelines promulgated by the New Jersey Supreme
Court, the Municipal Court Judge 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.
(b)
Funds collected pursuant to Subsection B(8)(a) of this section shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township of Deerfield. Such funds shall be used exclusively to meet the cost incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony.
(c)
Beginning in 1999, if it is determined by the Division
of Local Government Services during its annual review of the Township's
municipal budget that the amount of money in the dedicated fund to
be established pursuant to this section exceeds by more than 25% the
amount which the municipality expended during the prior year to provide
the services of a Municipal Public Defender, the amount in excess
of the amount expended shall be forwarded to the Criminal Disposition
and Review Collection Fund administered by the Victims of Crime Compensation
Board.
(d)
Whenever a person entitled to representation by a
Municipal Public Defender pursuant to P.L. 1997, c. 256,[3] 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. The municipality shall be entitled to
recover the cost of legal services from the parents or legal guardians
of the indigent applicant, and the Municipal Court shall have authority
to require the parents or legal guardians to execute and deliver the
written request or authorization required under applicable law in
order to provide the Court with access to records of public or private
sources, otherwise confidential, as may be of aid to it in evaluating
eligibility.
[3]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
(e)
If a defendant who is represented by the Municipal
Public Defender or Court-approved counsel appointed by the Municipal
Court Judge pursuant to an application for representation 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 Township of Deerfield, either by a single payment or installments
in such amounts as he can reasonably be expected to pay, but no default
or failure in making payment shall affect or reduce the rendering
of services.
(9)
Municipal lien. The Township of Deerfield shall have
a lien on any property to which a defendant who is represented by
the Municipal Public Defender or Court-appointed counsel shall have
or acquire an interest for an amount equal to the reasonable value
of the services rendered to a defendant pursuant to P.L. 1997, c.
256,[4] as calculated at the same rate as the office of the Public
Defender bills clients at that time. To effectuate such a lien for
the Township, the Municipal Attorney shall file a notice setting forth
services rendered to the defendant and the reasonable value thereof
with the Clerk of the Superior Court. Within 10 days of filing the
notice, the Municipal Attorney shall send, by certified mail, or serve
personally, a copy of the notice with a statement of the date of the
filing to or upon the defendant at the defendant's last known address.
If the Municipal Attorney shall fail to give such notice, the lien
shall be void. The Municipal Attorney is hereby authorized to compromise
and settle any claim for services performed pursuant to this section
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 state will be served by compromise and settlement.
[4]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
C.
Discovery requests.
[Added 6-5-2002 by Ord. No. 2002-5]
(1)
Except in the case of requests made by the Public
Defender or Prosecutor, parties making requests for copies of written
discovery in Municipal Court proceedings shall be charged the following
fees for duplication of printed records to defray the costs of processing
that discovery request.
[Amended 9-1-2004 by Ord. No. 2004-5; 11-3-2010 by Ord. No.
2010-4]
(a)
For letter-sized pages or smaller: $0.05 per page.
(b)
For legal-sized pages and larger: $0.07 per page.
(c)
Any public agency whose actual costs to produce paper
copies exceed the rates of $0.05 and $0.07 may charge the actual cost
of duplication.
(d)
Every
public agency must provide electronic records free of charge (i.e.,
records sent via e-mail and fax).
(e)
Every
public agency must charge the actual cost to provide records in another
medium (i.e., computer disc; CD-ROM; DVD).
(f)
Formula
for calculating actual costs: The total cost of paper purchased for
one year (calendar or fiscal) plus the total cost of toner purchased
(calendar or fiscal) divided by the annual copying volume.
(2)
Except in the case of requests made by the Public
Defender or Prosecutor, parties making requests for copies of audiotapes
made by the New Jersey State Police incident to the proceedings in
question shall be charged a fee of $15 per request to defray the costs
of processing that discovery request.
(3)
Except in the case of requests made by the Public
Defender or Prosecutor, parties making requests for copies of videotapes
made by the New Jersey State Police incident to the proceedings in
question shall be charged a fee of $35 per request to defray the costs
of processing that discovery request.
(4)
All such discovery fees shall be paid by the requesting
party directly to the Municipal Prosecutor contemporaneously with
the making of the discovery request. The Municipal Court Clerk shall
forward the discovery request and accompanying fee to the Municipal
Prosecutor for processing.
