[HISTORY: Adopted by the Borough Council of the Borough of Florham Park 2-17-1998 by Ord. No. 2-98. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Court — See Ch. 16.
Defense and indemnification — See Ch. 20.
Personnel — See Ch. 38.
Salaries and compensation — See Ch. 54.
It is determined that establishing an office of the Public Defender in the Borough of Florham Park to provide legal representation for indigents charged with certain crimes is in the public interest and is required by P.L. 1997, c. 256.[1]
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
The Public Defender shall be appointed by the Mayor with the advice and consent of the Borough Council. The Public Defender shall be an attorney at law of this state in good standing and shall serve for a term of one year from the date of his appointment.
The Public Defender shall receive compensation either on an hourly, per diem, annual or other basis, subject to the negotiation and agreement between the Mayor and Borough Council and the selected Public Defender.[1]
[1]
Editor's Note: See Ch. 54, Salaries and Compensation.
The Public Defender shall, except in circumstances involving a conflict of interest or temporary unavailability, represent any defendant deemed indigent by the Municipal Court, who is 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 the offenses charged, will be subject to imprisonment or other consequences of magnitude. The Municipal Public Defender shall be responsible for all phases of the defense, including but not limited to discover, pretrial and post-trial hearings, motions, removals to federal district court and other collateral functions reasonably related to the defense, excluding de novo appeals to the Superior Court.
Any person seeking the services of a Public Defender shall tender to the Municipal Court an application fee of $200. This application fee may be waived by the Municipal Court, in its discretion, only in circumstances where the applicant provides clear and convincing evidence that the application fee represents an unreasonable burden upon the person seeking representation.