There is hereby created the office of Municipal
Public Defender of the Township. The Municipal Public Defender shall
serve the Municipal Court of the Township of Oxford.
The Township Committee shall appoint the Municipal
Public Defender and shall fill any vacancy in the office, which shall
be for the unexpired term only.
The Municipal Public Defender shall be an attorney
at law of the State of New Jersey but need not be a resident of the
Township.
The term of office of the Municipal Public Defender
shall be for an initial term commencing March 22, 1998, and terminating
on December 31, 1998. Following expiration of the initial term, the
term of office shall be for one year, commencing on January 1 and
terminating on December 31. The Municipal Public Defender may continue
to serve in office pending reappointment or appointment of a successor.
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 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
and other duties as set forth in the statute governing municipal public
defenders.
The Municipal Public Defender shall receive
compensation on a per-case basis in an amount as shall be fixed from
time to time by resolution of the Township Committee.
Each individual applying for representation
by the Municipal Public Defender shall be required to pay an application
fee of $200, provided that such amount shall not exceed the amount
necessary to pay the cost of the Municipal Public Defender services.
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 party seeking representation.
The funds collected pursuant to §
75-7 above shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township of Oxford. 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.
With respect to each defendant entitled to and
seeking representation by the Municipal Public Defender, the Municipal
Court shall make an investigation of the financial status of each
defendant and/or the defendant's legal guardians or parents if the
defendant is under the age of 18 years. The investigation shall include
the authority to require a defendant and/or the defendant's legal
guardians or parents, if the defendant is under the age of 18 years,
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.
The Attorney for the Township of Oxford shall
be permitted, in the name of the Township of Oxford, to collect any
money due to the Township of Oxford by way of reimbursement for services
rendered by a Municipal Public Defender as provided by law.