[Added 1-23-1997 by Ord. No. 97-1]
[Amended 1-4-2001 by Ord. No. 01-01]
A.
Offices created. The office of Chief Township Prosecutor
is hereby created. The office of Assistant Municipal Prosecutor is
hereby created. Additional Assistant Municipal Prosecutors may be
appointed as deemed necessary to administer justice in a timely and
effective manner.
B.
Qualifications; appointment; term; vacancy. The Chief
Municipal Prosecutor and Assistant Municipal Prosecutor shall be an
attorney-at-law of this state in good standing and shall have such
experience necessary to perform the duties of the office. The Chief
Municipal Prosecutor and Assistant Municipal Prosecutors shall be
appointed by the Mayor, with the advice and consent of the Township
Council pursuant to N.J.S.A. 40:69-A43(b) and N.J.S.A. 2B:25-4. As
required by N.J.S.A. 2B:25-4, the Chief Municipal Prosecutor and Assistant
Municipal Prosecutors shall serve for a term of one year and until
the Mayor, with the advice and consent of the Township Council, appoint(s)
a successor(s). If a vacancy exists or is created in the office of
Chief Municipal Prosecutor, then the Mayor, with the advice and consent
of the Township Council, shall appoint within a reasonable time frame
a new Chief Municipal Prosecutor. If a vacancy exists or is created
in the office of Assistant Municipal Prosecutor, then the Mayor, with
the advice and consent of the Township Council, may appoint a new
Assistant Municipal Prosecutor.
C.
Duties; special counsel; private attorney as prosecutors.
(1)
Pursuant to N.J.S.A. 2B:25-5, the Chief Municipal
Prosecutor and Assistant Municipal Prosecutor shall represent the
state, the county or the Township in the prosecution of all offenses,
within the jurisdiction of the Bridgewater Township Municipal Court.
The Chief Municipal Prosecutor and Assistant Municipal Prosecutor
shall be responsible for handling all phases of the prosecution of
an offense, including but not limited to discovery, pretrial and post-trial
hearings, including de novo appeals in Superior Court, motions, dismissals,
removals to Federal District Court and other collateral functions
authorized to be performed by law or rule of Court. The Chief Municipal
Prosecutor or Assistant Municipal Prosecutor may at any time move
before the Bridgewater Township Municipal Court to amend or dismiss
any complaint for good cause shown in accordance with the rules of
the Court.
[Amended 8-4-2003 by Ord. No. 03-29]
(2)
Where the Chief Municipal Prosecutor or Assistant Municipal Prosecutor is unable to serve as prosecutor with respect to a particular matter or in a particular case where special reasons such as experience in a particular legal area so warrant, the Mayor may employ another attorney, including but not limited to the Township Attorney, Deputy Township Attorney or a special counsel employed by the Township in accordance with the procedures of § 4-55, to serve as Township Prosecutor in the Bridgewater Township Municipal Court. The Department of Administration for the Township shall provide administrative services to such offices.
(3)
The Chief Municipal Prosecutor may, with the approval
of the court and pursuant to the rules of Court, authorize private
attorneys to prosecute citizen complaints filed in the municipal court.
D.
Compensation. The Chief Municipal Prosecutor and Assistant
Municipal Prosecutor shall receive such compensation as is fixed and
determined on an annual basis by the Township Council in accordance
with the annual salary and wage ordinance.
E.
Removal. In addition to any of the other means provided
by law or ordinance for the removal from office of a public official,
both the Chief Municipal Prosecutor and Assistant Municipal Prosecutor
may be removed by the Mayor, with advice and consent of Council, for
good cause shown and after a public hearing, and upon due notice and
an opportunity to be heard.
[Amended 5-18-1998 by Ord. No. 98-19]
A.
Office created, continued and confirmed. The office
of Township Public Defender, heretofore established in the Township
of Bridgewater and appointed by the Township Mayor, upon the advice
and consent of the Township Council, for a one-year term, is hereby
created, continued and confirmed.
B.
Qualifications; appointment; term; vacancy. The Township
Public Defender shall be a person qualified and licensed to practice
law in the state. Such person shall be appointed by the Mayor, upon
the advice and consent of Township Council, for a one-year term. The
Township Public Defender may continue to serve in office pending reappointment
or appointment of a successor. Any vacancy in such office occurring
other than by expiration of term shall be filled by the Mayor, with
the consent of the Township Council, for the unexpired portion of
the term. The Township Public Defender need not reside in the Township
of Bridgewater.
C.
Duties. The Township Public Defender may represent
any individual in any matter within the jurisdiction of the Bridgewater
Township Municipal Court as assigned by the Court. Where the Township
Public Defender is unable to serve as Public Defender with respect
to a particular matter or in particular cases where special reasons,
such as experience in a particular legal area, so warrant, the Mayor
may employ another attorney or attorneys to serve as Township Public
Defender in the Bridgewater Township Municipal Court. The Township
Public Defender shall report to the Department of Administration of
the Township.
D.
Compensation. The Township Public Defender shall receive
compensation as is fixed and determined on an annual basis by the
Township Council in accordance with an ordinance permitting the Township
Public Defender to submit vouchers for work performed in Municipal
Court. The ordinance shall set forth any additional compensation to
be paid for interlocutory appeals in the Superior Court.
E.
INDIGENT DEFENDANT
MUNICIPAL COURT
TOWNSHIP PUBLIC DEFENDER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A person who is entitled to be represented by the Township Public Defender pursuant to this Code section and does not have the present financial ability to secure competent legal representation as determined by Subsection K of this section.
A municipal, central or joint municipal court established
pursuant to N.J.S.A. 2B:12-1.
A person, as defined in Subsection B of this section appointed to represent indigent defendants in proceedings over which the Municipal Court has jurisdiction.
F.
The Municipal Court shall have at least one Township
Public Defender. In the event that the Municipal Court has two or
more Public Defenders, then there shall be a Chief Township Public
Defender who shall be appointed by the Mayor, upon the advice and
consent of Township Council. The Chief Township Public Defender shall
have authority over other Township Public Defenders serving the Court
with respect to the performance of their duties.
G.
Removal from office; private clients.
(1)
In addition to any other means provided by law for
the removal from office of a public official, the Township Public
Defender may be removed by the Township Council for good cause shown
and after a public hearing and upon due notice and an opportunity
to be heard. Failure to reappoint the Township Public Defender for
a second or subsequent term does not constitute a removal from office
within the meaning of this subsection.
(2)
The Township Public Defenders may represent private
clients in any municipality, including Bridgewater Township, where
they act as Township Public Defender, subject to the Rules of Court
Governing the Conduct of Lawyers, Judges and Court Personnel.
H.
Duties and responsibilities.
(1)
It shall be the duty of the Township Public Defender
to represent, except in the case of temporary unavailability or conflict
of interest, any defendant charged with an offense in Municipal Court
who is an indigent municipal defendant entitled to representation
pursuant to this section. All necessary services and facilities of
representation, including both expert and lay investigation and testimony
as well as other preparations shall be provided in every case. The
Township shall be responsible for payment for services pursuant to
this subsection. The factors of need and real value to a defendant
may be weighed against the financial constraints of the Township in
determining the necessary services and facilities of representation.
The final determination as to necessity for services required pursuant
to this section shall be made by the Court. (This subsection requiring
the municipality to pay for expert and lay investigation and testimony
shall take effect on June 29, 1999.)
(2)
The Township Public Defender shall be responsible
for handling all phases of the defense, including but not limited
to discovery, pretrial and posttrial hearings, motions, removals to
Federal District Court and other collateral functions reasonably related
to the defense. As used in this subsection, posttrial hearing shall
not include de novo appeals in Superior Court.
(3)
The Township Public Defender shall represent an indigent
defendant charged in the Municipal Court with a crime as specified
in N.J.S.A. 2B:12-18 or if, in the opinion of the Municipal Court,
there is a likelihood that the defendant, if convicted of any other
offense, will be subject to imprisonment or other consequence of magnitude.
I.
If there is a vacancy in the office of the Township
Public Defender, if the Township Public Defender is temporarily unavailable
or if a finding of conflict of interest precludes the Township Public
Defender from representing an indigent defendant, the Municipal Prosecutor
may prosecute the offense if the Municipal Court appoints a qualified
attorney to represent the indigent defendant. Unless rates are otherwise
established by the Township, the attorney shall be entitled to compensation
at the same rate as attorneys hired by the office of the Public Defender
in conflict cases, with payment to be made within 30 days. Once appointed,
the attorney shall carry out all duties of the Township Public Defender
in connection with the case that is the subject of the appointment.
J.
All communications between the indigent defendant
and the Township Public Defender or any other attorney appointed to
act as a Township Public Defender shall be fully protected by the
attorney-client privilege to the same extent and degree as though
counsel has been privately engaged. This shall not preclude the use
by the Township Public Defender of privileged material for the preparation
and disclosure of statistical, case study and other sociological data,
provided that in any such use there shall be no disclosure of the
identity of or means for discovery of the identity of particular defendants.
K.
Eligibility for services of the Township Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant except as provided in Subsection M of this section. Need shall be measured according to § 14 of P.L. 1967, c. 43 (N.J.S.A. 2A:158A-14) and 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 Township 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.
L.
The Municipal Court shall make an investigation of
the financial status of each defendant seeking representation pursuant
to this section 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. 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.
M.
Whenever a person entitled to representation by the Township Public Defender pursuant to this section, 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. The municipality shall be entitled to recover the cost of legal services from the parents or legal guardians as provided in Subsection R of this section, and the Municipal Court shall have authority to require parents or legal guardians to execute and deliver the written requests or authorization required under applicable law in order to provide the Court with access to records of public or private sources, otherwise confidential, as may be of aid to it in evaluating eligibility.
N.
If the defendant has or reasonably expects to have
means to meet some although not all, of the cost of the services rendered,
the defendant shall be required to reimburse the Township, either
by a single payment or in installments, in such amounts as he can
reasonably be expected to pay, but no default or failure in making
payment shall affect or reduce the rendering of services.
O.
Liens.
(1)
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 section, as calculated at the same rate as the office
of the Public Defender bills clients at that time.
(2)
If the amount of unreimbursed legal services rendered
exceeds $750, then the Township Attorney may file a notice setting
forth the services rendered to the defendant and the reasonable value
thereof with the Clerk of the Superior Court. The Township Attorney
may at his discretion file a lien for any amount of unreimbursed legal
services rendered by the Public Defender. The filing of the notice
with the Clerk of the Superior Court shall constitute a lien on property
for a period of 10 years from the date of filing, unless discharged
sooner, and, except for such time limitations, shall have the force
and effect of a judgment. Within 10 days of the filing of the notice,
the Township Attorney shall send, by certified mail, or serve personally,
a copy of the notice with a statement of the date of the filing to
or upon the defendant at the defendant's last known address. If the
Township Attorney shall fail to give notice, the lien is void.
[Amended 6-16-2003 by Ord. No. 03-10]
P.
The Township Attorney is authorized to compromise
and settle any claim for services performed pursuant to this section
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.
Q.
The Township Attorney shall not be required to pay
filing or recording fees to the Clerk of the Superior Court to record
liens in the books which shall be properly indexed in the name of
the judgment debtor.
R.
The Township Attorney in the name of the Township
may do all things necessary to collect any money due to the Township
by way of reimbursement for services rendered pursuant to this section.
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 for such collection action so that the
same are not borne by the Township.
S.
Application fee; waiver; dedicated fund.
(1)
The Township may require a person applying for representation by the Township Public Defender or Court-approved counsel to pay an application fee of not more than $200, as provided for in § 94-2 of this Code, but only in an amount necessary to pay the costs of Township Public Defender services. 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 applicant, that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit the person to pay the application fee over a specific period of time not to exceed four months.
(2)
Funds collected pursuant to Subsection S(1) herein shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township. Such funds shall be used exclusively to meet the costs incurred in providing the services of the Township Public Defender, including, when required, expert and lay investigation and testimony.
(3)
Beginning in 1999, if it is determined by the Division
of Local Government Services during its annual review of the municipal
budget that the amount of money in a dedicated fund established pursuant
to this section exceeds by more than 25% the amount which the municipality
expended during the prior year providing the services of the Township
Public Defender, the amount in excess of the amount expended shall
be forwarded to the Criminal Disposition and Review Collection Fund
administered by the Victims of Crime Compensation Board.
