There is hereby created the position of a Municipal
Public Defender who 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,
c. 256, the Municipal Public Defender and any Deputy Municipal
Public Defenders shall be qualified as an attorney 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 Township Public
Defender by the Court.
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.
The Municipal Public Defender, Chief Municipal
Public Defender or Deputy Municipal Public Defender shall be compensated
in the manner established by ordinance.
The Chief Municipal Public Defender shall have
all of the duties provided by P.L. 1997, c. 256, in the representation
of indigent defendants in proceedings over which the Alexandria Township
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.
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 P.L. 1997, c. 256, and with 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.
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 N.J.S.A. 2B:24-11.
Need shall be measured 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, c. 256, whenever a
person entitled to representation by a Municipal Public Defender pursuant
to this Act 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.
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 Act
as calculated at the same rate as the office of the Public Defender
bills clients at that time.
The Municipal 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 Municipal Attorney
may enter into arrangements with any state or County agency to handle
collections on a cost basis. The Municipal 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 Municipal 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 municipal 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, c. 256, not later than March 22, 1998. The application fee set forth in §
33-10 shall take effect as of December 22, 1997. In accordance with the provisions of P.L. 1997, c. 256, Section 6c, the Township shall not be required to pay for expert and lay investigation or testimony prior to March 22, 1999.