[HISTORY: Adopted by the Borough Council of the Borough of Florham
Park 2-17-1998 by Ord. No. 2-98. Amendments
noted where applicable.]
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]
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.
