[Adopted 2-25-1998[1]]
[1]
Editor's Note: This ordinance also provided that in accordance with P.L. 1997, c. 256, this ordinance shall take effect upon final passage and publication in accordance with law regarding the collection of the application fees set forth in § 46-26 and will take effect on March 22, 1998, as to all other provisions.
In accordance with P.L. 1997 c. 256,[1] of the Laws of New Jersey, there is hereby created the position of Public Defender for the Township of Colts Neck. This position shall be filled by resolution of the Township Committee. The term of office of the Public Defender shall be one year, commencing January 1 of the calendar year and concluded December 31 of that same year.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
The Public Defender shall be an individual who is licensed to practice law in the State of New Jersey and shall be paid on a per-case basis when retained to represent indigent defendants as directed by the Municipal Court Judge.
A. 
In order to retain the services of Public Defender, an application must be filed in Municipal Court, on a form to be provided by the township. The Municipal Court Judge shall make a decision as to whether a defendant is indigent after reviewing each defendants application. This determination shall be based upon whether the defendant has the financial ability to secure competent legal representation and to provide all necessary expenses of representation. Need shall be determined in accordance with N.J.S.A. 2A:158A-14.
B. 
The Municipal Court Judge shall assess a maximum application fee up to $200 from each applicant for the services of the Public Defender. Such fee shall be payable regardless of whether the applicant is found to require the services of the Public Defender; however, the Municipal Court Judge may waive this fee in whole or in part if the Judge determines that this application fee represents an unreasonable burden on the defendant. The defendant's inability to pay the application fee shall in no way affect or reduce the level of services to be rendered to that defendant. In the case of a defendant who is unable or unwilling to pay the application fee and for whom the fee was not waived, the fee shall become a lien, and the township may authorize the Township Attorney to collect the fee consistent with the provisions of P.L. 1997, c. 256, N.J.S.A. 40:6A-1, N.J.S.A. 2A:158A-19 or in any manner as permitted by law.
C. 
Any funds collected pursuant to Subsection B above shall be deposited in a dedicated fund to be administered by the Chief Finance Officer, and those funds shall be used exclusively to meet the costs incurred in providing the services of the public defender or, if required, attendant expert and lay investigation services.
The Public Defender shall receive compensation in an amount not to exceed that sum provided annually in the Salary Ordinance,[1] which shall be payable in the manner set forth in a contract for professional services upon such terms and conditions as may lawfully be agreed upon.
[1]
Editor's Note: Said Salary Ordinance is on file in the township offices.