In order to obtain the services of the Municipal Public Defender or
a court-approved counsel, an application must be filed with the Municipal
Court on a form provided by the Borough. The application form shall be consistent
with the requirements of N.J.S.A. 2A:158A-I et seq.
A. The Municipal Court Judge shall make the decision as
to which defendants are indigent after reviewing the defendant's application.
This determination shall be based upon whether the applicant fits within the
definition of “indigent defendant” found within N.J.S.A. 2A:158A-2.
B. The Municipal Court Administrator shall assess a nonwaivable
application fee of $200. upon each person from whom an application for services
under this chapter is made. This fee shall be chargeable regardless of whether
the applicant is found to require the services of the Municipal Public Defender
or court-approved counsel. The Municipal Court Judge may waive any 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 upon the applicant.
C. The defendant's inability to pay the application
fee shall in no way affect or reduce the rendering of services under this
chapter. In the case of a defendant who is unable or unwilling to pay the
application fee, the fee shall become a lien and the Borough may collect the
fee consistent with N.J.S.A. 40:6A-1 and N.J.S.A. 2A:158A-19.
D. In all cases where it appears that the defendant has,
or reasonably expects to have, means to meet some part, though not all, of
the costs of the services rendered to him, he shall be required to reimburse
the Borough, either by single payment or in installments, in such amount as
the applicant can reasonably be expected to pay over a time period not to
exceed four months. No default or failure in the making of such payment shall
affect or reduce the rendering of services under this chapter .
All moneys collected for the use of this application fee shall be used
exclusively to meet the costs incurred in providing the services of the Municipal
Public Defender or court- approved counsel, including, when required, expert
and lay investigation and testimony.