[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Pursuant to N.J.S.A. 2B:24-3, a municipality
is authorized to appoint a Municipal Public Defender. The Municipal
Public Defender shall provide all necessary and desirable legal counsel
and advice required for the defense of cases in Municipal Court of
the Borough of Sea Bright on behalf of those indigent defendants who
are entitled by law to appointment of counsel. The classification
as to indigency shall be made by the Municipal Court Judge on a case-by-case
basis. The Municipal Public Defender shall be an attorney at law licensed
to practice in the Borough.
The term of the Municipal Public Defender shall
be for one year from the date of appointment and until such time as
a successor shall be appointed and qualified.
It is hereby determined and declared by the
Borough Council as follows:
A. The Borough of Sea Bright pays for the services rendered
to an indigent defendant by the Municipal Public Defender.
B. N.J.S.A. 2B:24-17 provides that a municipality may
require a person to pay a Municipal Public Defender fee of not more
than $200 per case, effective December 22, 1997.
[Amended 11-5-1997 by Ord. No. 69-97; at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
C. The Public Defender fee set forth in Subsection
B shall be made payable to the Borough of Sea Bright.
[Amended 12-15-1998 by Ord. No. 94-98]
D. The Municipal Court Judge may waive any such required
application fee, in whole or in part, if the Court determined, in
its discretion, that the application fee represents an unreasonable
burden on the person seeking such representation.