Borough of Middlesex, NJ
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2023-10-10
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Part I, Administrative Legislation
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Chapter 68 Officers and Employees
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Article XII Municipal Public Defender
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 4 Background Checks, Criminal History Record
- Ch 6 Bylaws of Council
- Ch 10 Claims, Payment of
- Ch 12 (Reserved)
- Ch 14 Cooperative Pricing
- Ch 18 Court, Municipal
- Ch 19 Culture and Heritage Committee
- Ch 23 Defense and Indemnification
- Ch 26 Board, Committee, and Commission Meeting Attendance
- Ch 28 (Reserved)
- Ch 32 Environmental Commission
- Ch 36 Emergency Management
- Ch 40 Fire Department
- Ch 44 Flood Control Commission
- Ch 48 Health, Board of
- Ch 52 Housing and Community Development Advisory Committee
- Ch 56 Land Use Procedures
- Ch 60 Map, Official
- Ch 62 Municipal Alliance Committee on Alcoholism and Drug Abuse
- Ch 64 Mutual Assistance
- Ch 68 Officers and Employees
- Ch 68 Art XII Municipal Public Defender
- § 68-53 Office created.
- § 68-54 Appointment; residency; term.
- § 68-55 Compensation.
- § 68-56 Duty to represent indigent defenders.
- § 68-57 Application fee for representation; waiver of fee; payment schedule.
- § 68-58 Disposition of funds collected.
- Ch 72 Payroll Procedures
- Ch 76 Pensions
- Ch 80 Police Department
- Ch 84 Political Fund-Raising
- Ch 86 Filming
- Ch 88 Purchasing Department
- Ch 92 Department of Public Recreation and Senior and Disabled Services
- Ch 93 Recreation and Parks Improvement Committees
- Ch 94 Redevelopment Committee
- Ch 96 Salaries and Compensation
- Ch 100 Shade Tree Commission
- Ch 103 Traffic Safety Committee
- Part II, General Legislation
- Ch 108 Adult Uses and Entertainment
- Ch 112 Advertising Materials
- Ch 117 Alarm Devices and False Alarms
- Ch 121 Alcoholic Beverages
- Ch 125 Amusement Games
- Ch 129 Animals
- Ch 150 Carnivals
- Ch 154 Certificates, Birth, Death and Marriage
- Ch 158 Certificates, Sale/Lease
- Ch 168 Construction Codes, Uniform
- Ch 172 (Reserved)
- Ch 176 Conversions, Condominium and Cooperative
- Ch 182 Donation Bins
- Ch 186 Drug-Free Zones
- Ch 190 (Reserved)
- Ch 195 Fees
- Ch 200 Festivals
- Ch 204 Fiber Optic Cables, Installation of
- Ch 208 Firearms and Ammunition, Sale of
- Ch 212 Fire Detection Systems
- Ch 216 Fire Lanes
- Ch 220 Fire Prevention
- Ch 224 Flood Damage Prevention
- Ch 240 Housing Standards
- Ch 244 Junkyards and Junk Dealers
- Ch 248 Land Development
- Ch 252 Landfills
- Ch 254 Landscaping Services
- Ch 256 Laundries
- Ch 260 Library
- Ch 264 Littering
- Ch 265 Limousines
- Ch 268 Loitering
- Ch 272 Massage and Bodywork Therapy Establishments
- Ch 276 Meat, Retail Sale of
- Ch 280 Minibikes
- Ch 284 Newspaper Vending Machines
- Ch 288 Numbering of Buildings and Lots
- Ch 292 Parades and Other Assemblies
- Ch 296 Parking, Handicapped
- Ch 301 Parks and Recreation Areas
- Ch 305 Peace and Good Order
- Ch 309 Peddling and Soliciting
- Ch 313 Poolrooms and Bowling Alleys
- Ch 315 Precious Metals and Secondhand Goods
- Ch 316 Prohibited Use of Borough Land
- Ch 317 Property Maintenance
- Ch 318 Property, Abandoned
- Ch 319 Rapid-Entry Key System
- Ch 320 Registration, Landlord
- Ch 321 Recreational Cannabis Retailing
- Ch 323 (Reserved)
- Ch 325 Riparian Zones
- Ch 327 Sales, Seasonal
- Ch 329 Schools
- Ch 332 Sewers
- Ch 334 (Reserved)
- Ch 336 Shopping Centers
- Ch 343 Smoking
- Ch 344 Smoking: Cannabis Limitations
- Ch 347 Soil Removal, Erosion and Sediment Control
- Ch 351 Solid Waste
- Ch 352 Steep Slopes
- Ch 354 Storm Drains
- Ch 355 Stormwater Control
- Ch 359 Streets and Sidewalks
- Ch 363 Structures, Dangerous
- Ch 367 Swimming Pool, Municipal
- Ch 371 Tattooing
- Ch 375 Taxation
- Ch 379 Taxicabs
- Ch 383 Tobacco, Sale of
- Ch 387 Towing
- Ch 391 Trailers and Campgrounds
- Ch 395 Trees
- Ch 399 Used Cars, Sale of
- Ch 403 Vehicles, Abandoned
- Ch 407 Vehicles and Traffic
- Ch 414 Water
- Ch 420 Zoning
- Part III, Board of Health Legislation
- Ch 425 General Provisions, Board of Health
- Ch 427 Barbershops, Beauty Parlors and Nail Salons
- Ch 429 Bylaws of Board of Health
- Ch 434 Gas and Oil Exploration
- Ch 436 Housing Standards
- Ch 438 Officers and Employees
- Ch 440 Rabies Control
- Ch 442 Radioactive Materials
- Ch 443 Retail Food Establishments
- Ch 446 Sanitary Regulations
- Ch 450 Swimming Pools, Public
- Ch 456 Water Supplies, Individual and Semipublic
- Appendix
- Ch A457 Franchises
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
[Adopted 2-10-1998 by Ord. No. 1418]
The office of Municipal Public Defender is hereby
created in and for the Borough of Middlesex by and subject to the
provisions of this article and in accordance with the Revised Statutes
of the State of New Jersey.
A.
The Municipal Public Defender shall be appointed by
the Mayor with the advice and consent of the governing body. If the
Mayor fails to nominate within 30 days after the office of Municipal
Public Defender is created and after the office becomes vacant or
the governing body fails to confirm any nomination made by the Mayor,
then, after the expiration of said 30 days, the governing body shall
appoint a Municipal Public Defender. A majority vote of at least three
affirmative votes shall be required for such appointment. The Mayor
shall only vote in the case of a tie.
B.
The Municipal Public Defender need not be a resident
of the Borough of Middlesex in order to qualify for the position,
but the Municipal Public Defender must be an attorney at law in the
State of New Jersey in good standing.
C.
The Municipal Public Defender shall serve for a term
of one year from the date of the appointment and may continue to serve
in office pending reappointment or appointment of a successor.
The Municipal Public Defender shall receive
such compensation as shall be fixed from time to time by the governing
body of the Borough of Middlesex.[1]
It shall be the duty of the Municipal Public
Defender to represent indigent defendants in cases before the Municipal
Court in the Borough of Middlesex.
A.
A person applying for representation by a Municipal
Public Defender shall be required to pay an application fee of not
more than $200, but only in an amount necessary to pay the cost of
Municipal Public Defender services.
B.
In accordance with guidelines promulgated by the New
Jersey 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.
C.
The Municipal Court may permit a person to pay the
application fee over a specified period of time.
Funds collected pursuant to this article shall
be deposited in a dedicated fund administered by the Chief Financial
Officer of the municipality, and such funds shall be used exclusively
to meet the cost incurred in providing the services of a Municipal
Public Defender, including, when required, expert and lay investigation
and testimony.
