[Adopted 12-29-1997 by Ord. No. 562]
A Municipal Public Defender shall be appointed by the Township Committee.
The Township Committee may appoint a Chief Municipal Public Defender and such
Deputy Municipal Public Defenders as may be determined by the Township Committee
to be necessary.
In accordance with the provisions of P.L. 1997, Chapter 256,[1] the Municipal Public Defender, the Chief Municipal Public Defender
and any Deputy Municipal Public Defenders shall be qualified as attorneys
at law of the State of New Jersey in good standing and shall represent those
defendants appearing in Municipal Court who are determined by the Court to
be indigent and whose representation is assigned to the Municipal Public Defender
by the Court.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
The Municipal Public Defender, Chief Municipal Public Defender or Deputy
Municipal Public Defender shall be appointed for a term of one year from the
date of appointment and may continue to serve in office pending reappointment
or appointment of a successor. and may continue to serve in office pending
reappointment or appointment of a successor.
The Municipal Public Defender, Chief Municipal Public Defender or Deputy
Municipal Public Defender shall be paid his reasonable fees and charges.
The Chief Municipal Public Defender or Municipal Public Defender, as
the case may be, shall have all of the duties provided by P.L. 1997, Chapter
256,[1] in the representation of indigent defendants in proceedings over
which the Township of Boonton Municipal Court has jurisdiction and shall have
authority over any Deputy Municipal Public Defenders that may be appointed
by the Township Committee with respect to the performance of their duties.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
The Deputy Municipal Public Defender, if one or more shall be appointed,
shall serve in the absence or disqualification of the Chief Municipal Public
Defender or when assigned by the Chief Municipal Public Defender.
The Municipal Public Defenders may represent private clients in the
Municipal Court and before Township agencies, subject to the Rules of Court
Governing the Conduct of Lawyers, Judges and Court Personnel.
A person applying for representation by the Municipal Public Defender
shall pay an application fee of $200. In accordance with P.L. 1997, Ch. 256,[1] and 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.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in § 21-16. Need shall be measured as provided by law and in accordance with guidelines promulgated by the New Jersey Supreme Court. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the Municipal Court shall refer the defendant to the Municipal Public Defender provisionally, and, if subsequently it is determined that the defendant is ineligible, the Municipal Court shall inform the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the municipality for the cost of the services rendered to that time.
The Municipal Court shall make an investigation of the financial status
of each defendant seeking representation and shall have the authority to require
a defendant to execute and deliver written requests or authorizations required
under applicable law to provide the Court with access to records of public
or private sources, otherwise confidential, as may be of aid in evaluating
eligibility. As provided by law, the Court is authorized to obtain information
from any public record office of the State or of any subdivision or agency
thereof on request and without payment of the fees ordinarily required by
law.
As provided by P.L. 1997, Ch. 256,[1] whenever a person entitled to representation by a Municipal Public
Defender pursuant to this chapter is under the age of 18 years, the eligibility
for services shall be determined on the basis of the financial circumstances
of the individual and the financial circumstances of the individual's
parents or legal guardians.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
As provided by P.L. 1997, Ch. 256, if the defendant has or reasonably
expects to have means to meet some part, though not all, of the cost of the
services rendered, the defendant shall be required to reimburse the Township,
and the Township shall have a lien on any property to which the defendant
shall have or acquire an interest for an amount equal to the reasonable value
of the services rendered to a defendant pursuant to this chapter as calculated
at the same rate as the Office of the Public Defender bills clients at that
time.
The Township Attorney may do all things necessary to collect any money
due to the Township by way of reimbursement for services rendered by a Municipal
Public Defender. The Township Attorney may enter into arrangements with any
state or County agency to handle collections on a cost basis. The Township
Attorney shall have all the remedies and proceedings available for collection
which are available for or upon the recovery of a judgment in a civil action
and shall also be permitted to collect counsel fees and costs from the defendant.
The Township Attorney is authorized to compromise and settle any claim for
services performed whenever the financial circumstances of the person receiving
the services are such that, in the judgment of the Township Attorney, the
best interest of the Township will be served by compromise and settlement.
Funds collected from the application fee shall be deposited in a dedicated
fund administered by the Chief Financial Officer of the Township. The 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.
The Township Committee shall appoint a Municipal Public Defender, as
required by P.L. 1997, Ch. 256,[1] not later than March 22, 1998. The application fee set forth in § 21-14 shall take effect as of December 22, 1997. In accordance with the provisions of P.L. 1997, Ch. 256, Section 6c,[2] the Township shall not be required to pay for expert and lay investigation
or testimony prior to March 22, 1999.
