[Adopted 3-16-1994 by Ord.
No. 6-1994; amended in its entirety 12-17-1997
by Ord. No. 16-1997]
The Municipal Public Defender in the City of Brigantine shall be covered
by the Municipal Public Defender's Act.
Any person applying for representation by a Municipal Public Defender
or Court-approved counsel within the City of Brigantine shall be required
to pay an application fee of not more than $200, but said amount shall only
be as necessary to pay the costs of Municipal Public Defender services. In
accordance with the guidelines promulgated by the Supreme Court, the Municipal
Court 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 person seeking representation. The Municipal Court may permit a person
to pay the application fee over a specific period of time not to exceed four
months. Funds collected pursuant to this section shall be deposited in a dedicated
fund and administered by the Chief Financial Officer of the City of Brigantine.
Such funds shall be used exclusively to meet the costs incurred in providing
the services of a Municipal Public Defender including, when required, expert
and lay investigation and testimony. Beginning in 1999, if it is determined
by the Division of Local Government Services during its annual review of the
City of Brigantine's budget that the amount of money in a dedicated fund established
pursuant to this section exceeds by more than 25% the amount which the City
of Brigantine expended during the prior year providing the services of a Municipal
Public Defender, the amount in excess of the amount expended shall be forwarded
to the Criminal Disposition and Review Collection Fund and administered by
the Victims of Crime Compensation Board.
The provisions of this article shall take effect pursuant to the time
parameters as established in the law as set forth herein.