[Added 5-5-1998]
[Amended 9-10-2002]
The Mayor, with the consent of the Township
Council, shall appoint a Municipal Public Defender, who shall, prior
to his appointment, have been duly admitted to the practice of law
in this state for a period of three years. The Municipal Public Defender
shall serve for a term of one year. He shall be responsible for the
representation of all qualified indigent defendants who appear in
the Municipal Court. The Municipal Public Defender shall be paid on
either a per-session or per-annum basis to be determined by the Mayor,
with the consent of the Township Council.
[Amended 9-10-2002]
There shall be a fee assessed by the Municipal
Court of the Township of Hillside for the assignment of the Municipal
Public Defender to any eligible defendant facing charges in the Municipal
Court whenever justice so requires.
The Municipal Court Judge shall, in his inherent
discretion, based upon the defendant's financial ability, determine
whether a fee should be imposed and the amount of such fee for assignment
of the Municipal Public Defender.
A.
Any person applying for representation by the public
defender must receive and complete an application from the Municipal
Court Administrator and pay a fee up to $200. The application fee
can be waived only after review by the Municipal Court Judge.
B.
Under no circumstances shall the fee imposed by the
Municipal Court Judge be in excess of $200.
The Municipal Court Clerk shall be responsible
for keeping and maintaining all records of accounts and amounts paid
by defendants assigned a Municipal Public Defender.
The Municipal Court Clerk shall annually report
to the Mayor and Council concerning the number of defendants assigned
to the Public Defender, the number of defendants assessed a fee and
the total amount of fees imposed.
