Borough of Sea Bright, NJ Article II Public Defender

[Adopted 8-1-1995 by Ord. No. 21-95]

§ 13-5 Office of Public Defender.

[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.

§ 13-6 Term of Public Defender.

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.

§ 13-7 Fees.

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.