[HISTORY: Adopted by the Village Council of the Village of Ridgewood 2-10-1998 by Ord. No. 2621. Amendments noted where applicable.]
Fees — See Ch. 145.
The State of New Jersey has adopted an act requiring each municipality in the State of New Jersey to appoint and provide for a Municipal Public Defender in accord with the terms of the act codified at N.J.S.A. 2B:24-1 et seq. This chapter is adopted pursuant to the mandate provided in the state statute.
As used in this chapter, the following terms shall have the meanings indicated:
- INDIGENT DEFENDANT
- A person who is entitled to be represented by a Municipal Public Defender pursuant to this chapter and who does not have the present financial ability to secure competent legal representation as determined by this chapter and the act.
- MUNICIPAL COURT
- The Municipal Court of the Village of Ridgewood.
- MUNICIPAL PUBLIC DEFENDER
- A person as defined in this chapter appointed to represent indigent defendants in proceedings over which the Municipal Court has jurisdiction.
There is hereby created in the Village of Ridgewood the office of Municipal Public Defender pursuant to the authority and requirements of N.J.S.A. 2B:24-1 et seq.
The Municipal Public Defender shall be an attorney at law of the State of New Jersey in good standing and shall serve 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. The term of the Municipal Public Defender initially appointed shall terminate on December 31 of the year in which the Municipal Public Defender is first appointed. The Municipal Public Defender shall be appointed by the Village Council.
The Municipal Public Defender may be removed from office in accord with the provisions of N.J.S.A. 2B:24-4.
The Municipal Public Defender shall receive compensation as determined either in the Salary Ordinance of the Village of Ridgewood or by professional contract with the Village of Ridgewood, or both, as determined by the Village Council.
In the event of a vacancy in the office of Municipal Public Defender or in the event that the Municipal Public Defender is temporarily unavailable or in the event a finding of conflict of interest precludes a Municipal Public Defender from representing an indigent defendant, the Municipal Court shall appoint a qualified attorney to represent the indigent defendant. The attorney so appointed shall be paid at the same rate as has been established for payment to the Municipal Public Defender.
Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of need of defendant as provided in N.J.S.A. 2B:24-9 et seq.
The Village shall have a lien on any property to which the indigent defendant shall have an interest or acquire an interest for an amount equal to the reasonable value of the services rendered to the defendant pursuant to this chapter as calculated at the same rate as the office of Public Defender bills clients at that time.
The Village Attorney is hereby authorized to file a notice setting forth services rendered to an indigent defendant and the reasonable value thereof with the Clerk of the Superior Court.
[Amended 5-11-1998 by Ord. No. 2633]
Any person applying for representation by the Municipal Public Defender or court-approved counsel shall pay to the Village of Ridgewood an application fee as set forth in Chapter 145, Fees, said fee to be fixed by the Municipal Court Judge, all pursuant to the regulations set forth in N.J.S.A. 2B:24-17.
This chapter shall take effect immediately upon passage and publication as required by law subject, however, to the provisions of N.J.S.A. 2B:24-1 et seq.