[Adopted 5-8-1991 by Ord. No. 4-10-91A (Ch. 40, Art. VI, of the 1984 Code)]
The part-time position of Municipal Public Defender
of the Borough of Haledon is hereby created.
[Amended 7-8-1998 by Ord. No. 6-10-98]
The Municipal Public Defender of the Borough
of Haledon shall attend sessions of the Municipal Court of the Borough
of Haledon and shall defend all matters before the Municipal Court
in which an indigent defendant qualifies for the services of the Municipal
Public Defender. The Public Defender shall represent such indigent
defendants in accordance with the requirements and procedures set
forth in the state statutes governing municipal public defenders,
as the same may be amended from time to time.
[Added 4-13-1994 by Ord. No. 3-9-94B; amended 7-8-1998 by Ord. No. 6-10-98]
A person applying for representation by the
Municipal Public Defender or other court-approved counsel shall be
required to pay an application fee in an amount necessary to pay the
costs of the Municipal Public Defender services as set by the court;
however, such amount shall not exceed $200. In accordance with the
Supreme Court guidelines, the Municipal Court Judge 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 Court may permit a person to pay
the application fee over a specific period of time not to exceed four
months. The Borough shall have a lien on any property to which a defendant
shall have or acquire an interest for an amount equal to the reasonable
value of the services rendered to a defendant pursuant to law as calculated
at the same rate as the Office of the Public Defender bills clients
at that time. Such lien shall be effectuated at the option of the
Mayor and Council by its directing the Municipal Attorney to file
a notice with the Clerk of the Superior Court in accordance with the
provisions of the state statutes.
The salary of the Municipal Public Defender
shall be as provided for by the annual salary ordinance.
The Municipal Public Defender shall be appointed
by the Mayor, with the advice and consent of the Council, and shall
serve for a term of one year and until a successor shall be appointed
and qualified.
