[Adopted 4-11-1995 by Ord. No. 95-17 (Ch.
10, Art. IV, of the 1977 Code)]
Pursuant to N.J.S.A. 2B:12-28, there is hereby
created and established in and for the Township of Hillsborough the
position of Municipal Public Defender.
The Municipal Public Defender shall, as a condition
of eligibility for appointment and for continuation in office, be
a resident of this state and an attorney at law admitted to practice
in this state.
[Amended 3-10-1998 by Ord. No. 98-05]
B.
It shall be the duty of the Municipal Public Defender
to represent, except in the case of temporary unavailability or conflict
of interest, any defendant charged with an offense in Municipal Court
who is an indigent municipal defendant entitled to representation
pursuant to this Act.[2] All necessary services and facilities of representation,
including both expert and lay investigation and testimony, as well
as other preparations shall be provided in every case. The municipality
shall be responsible for payment for services pursuant to this subsection.
The factors of need and real value to a defendant may be weighed against
the financial constraints of the municipality in determining the necessary
services and facilities of representation. The final determination
as to the necessity for services required pursuant to this section
shall be made by the Court. Nothing in this section shall be deemed
to require a municipality to pay for expert and lay investigation
or testimony for a period of one year following the effective date
of P.L. 1997, c. 256 which would be September 23, 1998.
[2]
Editor's Note: This “Act” refers
to N.J.S.A. 2B:24-1 et seq.
C.
The Municipal Public Defender shall represent an indigent
defendant charged in 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 any other offense
will be subject to imprisonment or other consequence of magnitude,
the Municipal Public Defender shall represent an indigent defendant.
The Municipal Public Defender of the Municipal
Court shall be appointed by the Mayor with the advice and consent
of the Township Committee. The term of office of the Municipal Public
Defender shall be one year commencing January 1 and ending on December
31 of the year concluding the aforesaid one-year term and to continue
in such offices until his/her successor(s) is or are appointed and
qualified. Any appointment to fill the vacancy shall be for the unexpired
term only.
The Municipal Public Defender shall receive
such compensation as is limited by the Salary Ordinance as set by
resolution, as both may be amended from time to time.
[Added 3-10-1998 by Ord. No. 98-05]
If there is a vacancy in the office of Municipal
Public Defender, if the Municipal Public Defender is temporarily unavailable
or if a finding of conflict of interest precludes the Municipal Public
Defender from representing an indigent defendant, the Municipal Prosecutor
may prosecute the offense if the Municipal Court appoints a qualified
attorney to represent the indigent defendant. Unless rates are otherwise
established by the municipality, the attorney shall be entitled to
compensation at the same rate as attorneys hired by the Office of
the Public Defender in conflict cases, with payment to be made within
30 days. Once appointed, the attorney shall carry out all duties of
the Municipal Public Defender in connection with the case that is
the subject of the appointment.
[Added 3-10-1998 by Ord. No. 98-05]
A.
A person applying for representation by a Municipal
Public Defender or Court approved counsel shall pay an application
fee of not more than $200, but only in an amount necessary to pay
the costs of Municipal Public Defender services. The final determination
as to the amount of the application fee shall be made by the Municipal
Court. In accordance with guidelines promulgated by the 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.
The Municipal Court may permit a person to pay the application fee
over a specific period of time not to exceed four months.
B.
Funds collected pursuant to Subsection A of this section shall be deposited in a dedicated fund administered by the Chief Financial Officer of the municipality. Such funds shall be used to meet the cost incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony.
[Added 2-26-2013 by Ord.
No. 2013-05]
In the event that the Township enters into or has entered into
shared services agreements for a Shared Municipal Court pursuant to
the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1
et seq., or other such similar law, the Township Municipal Public
Defender and any other Public Defenders shall also defend any and
all matters for all governmental entities that are part of the Shared
Municipal Court, including all first appearances for each of the governmental
entities that are part of the Shared Municipal Court, as are assigned
to the Municipal Public Defender.
