The office of Public Defender is hereby established.
In order to obtain the services of the Municipal
Public Defender or a court-approved counsel, 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 nonwaiveable application fee as set forth in Chapter
213, Fees, upon each person from whom an application for services under this article is made. This fee shall be chargeable regardless of whether the applicant is found to require the services of the Municipal Public Defender or court-approved counsel. The Municipal Court Judge may waive any 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 upon the applicant.
[Amended 10-19-2004 by Ord. No. 1181]
C. The defendant's inability to pay the application fee
shall in no way affect or reduce the rendering of services under this
article. In the 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 in installments
in such amounts as the applicant can reasonably be expected to pay
over a time period not to exceed four months. No default or failure
in the making of such payment shall affect or reduce the rendering
of services under this article.
All moneys collected for the use of this application
fee shall be used exclusively to meet the costs incurred in providing
the services of the Municipal Public Defender or court-approved counsel,
including, when required, expert and lay investigation and testimony.