[HISTORY: Adopted by the Village Council of the Village of Ridgewood 2-10-1998
by Ord. No. 2621. Amendments noted where applicable.]
GENERAL REFERENCES
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:
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.
The Municipal Court of the Village of Ridgewood.
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.
