[Adopted 2-22-1994 by Ord.
No. 94-1; amended in its entirety 12-14-2004 by Ord.
No. 2004-27]
A.
There shall be a Municipal Public Defender for the Municipal
Court of the Borough of Clementon who shall be appointed by the Mayor with
the consent of the Borough Council for a term of one year. The Municipal Public
Defender's term shall expire on the 31st day of December of the year of his
appointment unless no appointment replacing him is accomplished, and he shall
hold office until his successor is appointed and duly qualified. The Municipal
Public Defender's salary shall be as determined by the Borough Council and
as set forth in the Salary Ordinance.[1]
B.
It shall be the duty of the Municipal Public Defender to represent
any defendant charged with an offense of magnitude in the Municipal Court
who is an indigent. All necessary services and facilities of representation,
including both expert and lay investigation and testimony, as well as other
preparations, shall be provided in every case. The Municipal Public Defender
shall be responsible for handling all phases of the defense in the Municipal
Court.
C.
The Municipal Court of the Borough of Clementon shall require
every person applying for representation by the Municipal Public Defender
to pay an application fee of $200. The Municipal Court may waive any part
of the application fee to the extent that it is determined, by a clear and
convincing showing, that the application fee represents an unreasonable burden
on the person seeking representation.
Defendants in the Municipal Court for the Borough of Clementon who apply
for representation by the Municipal Public Defender shall pay an application
fee to be set by the Court, but not to exceed $200, which shall be paid to
the municipality.
