[Adopted 12-16-1997 by Ord. No. 1997-8]
There is hereby established the position of
Municipal Public Defender. This position shall be filled by an appointment
by the Mayor with the advice and consent of the Borough Council.
The term of office of the Municipal Public Defender
shall be one year, commencing January 1 of the calendar year of appointment
and concluding December 31 of that same year; provided, however, that
the Municipal Public Defender may continue to serve in office pending
reappointment or appointment of a successor.
The Municipal Public Defender shall be an attorney
at law of the State of New Jersey.
In addition to any other means provided by law
for the removal from office of a public official, the Municipal Public
Defender may be removed by the governing body for good cause shown
and after a public hearing, and upon due notice and an opportunity
to be heard.
The Municipal Public Defender shall represent
persons as directed by the Municipal Court Judge.
The Municipal Public Defender shall have the
powers, duties and obligations provided in P.L. 1997, c.256.[1]
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
If a vacancy in the position of Municipal Public
Defender shall occur other than by expiration of the term of office,
it shall be filled by an appointment by the Mayor with the advice
and consent of the Borough Council for the unexpired term.
The Municipal Public Defender shall be compensated
on an hourly basis at a rate of $75 per hour.[1]
[1]
Editor's Note: Current compensation information
is on file in the office of the Municipal Clerk.
In order to obtain the services of the Municipal
Public Defender, an application must be filed in the Municipal Court.
The Municipal Court Judge shall make a decision regarding entitlement
of a defendant to representation by the Municipal Public Defender
in accordance with the provisions of P.L. 1997, c.256.[1]
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
A.
A defendant seeking to obtain the services of the
Municipal Public Defender shall be required to pay an application
fee of $200. This application fee shall be paid by each defendant
making application for the services of the Municipal Public Defender
regardless of whether such defendant is found to be eligible for these
services by the Municipal Court Judge.
B.
In accordance 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 defendant, that the application
fee represents an unreasonable burden. The Municipal Court may permit
a defendant to pay the application fee over a specific period of time
not to exceed four months.
C.
Application fees collected by the Municipal Court
shall be deposited in a dedicated fund administered by the Chief Financial
Officer of the municipality. These funds shall be used exclusively
to meet the costs incurred in providing the services of the Municipal
Public Defender, including, where required, expert and lay investigation
and testimony.
If a defendant has or reasonably expects to
have means to meet some part, though not all, of the cost of services
rendered, the defendant shall be required to reimburse the municipality,
either by a single payment or in installments, in such amounts as
that person can reasonably be expected to pay; provided, however,
that no default or failure in making payment shall affect or reduce
the rendering of services by the Municipal Public Defender.
A.
The municipality shall have a lien on any property
which the defendant receiving services of the Municipal Public Defender
shall have or subsequently acquire in an amount equal to the reasonable
value of the services rendered to that defendant by the Municipal
Public Defender. The value of services shall be calculated at the
same rate as the Office of the Public Defender bills clients at that
time.
