There is hereby established the position of Municipal Public Defender
for the Municipal Court of the Borough of Netcong.
The Municipal Public Defender shall be appointed by the Borough Council
and shall serve for a term of one year from the date of appointment and until
a successor is appointed and qualified.
The Municipal Public Defender shall be paid a salary as fixed and adopted
by the Borough Council in the annual salary resolution within the guidelines
established in the borough's salary ordinance.
In accordance with the provisions of P.L. 1997, Chapter 256,[1] the Municipal Public Defendant shall be qualified as an attorney
at law of the State of New Jersey in good standing and shall represent those
defendants appearing in Municipal Court who are determined by the Court to
be indigent and whose representation is assigned to the Municipal Public Defender
by the Court.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
The Municipal Public Defender shall have all of the duties provided
by P.L. 1997, Chapter 256,[1] in the representation of indigent defendants in proceedings over
which the Borough of Netcong Municipal Court has jurisdiction.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
The Municipal Public Defender may represent private clients in the Municipal
Court and before borough agencies, subject to the Rules of Court Governing
the Conduct of Lawyers, Judges and Court Personnel.
A person applying for representation by the Municipal Public Defender
shall pay an application fee of $200. In accordance with P.L. 1997, Ch. 256,[1] and 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.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
Eligibility for services of the Municipal Public Defender shall be determined
by the Municipal Court on the basis of the need of the defendant. Need shall
be measured as provided by law and in accordance with guidelines promulgated
by the New Jersey Supreme Court. In the event that a determination of eligibility
cannot be made before the time when the first services are to be rendered,
or if an initial determination is found to be erroneous, the Municipal Court
shall refer the defendant to the Municipal Public Defender provisionally,
and if subsequently it is determined that the defendant is ineligible, the
Municipal Court shall inform the defendant, and the defendant shall be obliged
to engage his own counsel and to reimburse the borough for the cost of the
services rendered to that time.
The Municipal Court shall make an investigation of the financial status
of each defendant seeking representation and shall have the authority to required
a defendant to execute and deliver written requests or authorizations requited
under applicable law to provide the court with access to records of public
and private sources, otherwise confidential, as may be of aid in evaluating
eligibility.
As provided by P.L. 1997, Ch. 256,[1] whenever a person entitled to representation by a Municipal Public
Defender is under the age of 18 years, the eligibility for services shall
be determined on the basis of the financial circumstances of the individual
and the financial circumstances of the individuals parents or legal guardians.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
As provided by P.L. 1997, Ch. 256,[1] if the defendant has or reasonably expects to have means to meet
some part, though not all, of the cost of the services rendered, the defendant
shall be required to reimburse the borough and the borough shall have a lien
on any property to which the defendant shall have or acquired an interest
for an amount equal to the reasonable value of the services rendered to a
defendant as calculated at the same rate as the Office of the Public Defender
bills clients at that time.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
The Borough Attorney may do all things necessary to collect any money
due to the borough by way of reimbursement for services rendered by a Municipal
Public Defender. The Borough Attorney may enter into arrangements with any
state or county agency to handle collections on a cost basis. The Borough
Attorney shall have all the remedies and proceedings available for collection
which are available for or upon the recovery of a judgment in a civil action
and shall also be permitted to collect counsel fees and costs from the defendant.
The Borough Attorney is authorized to compromise and settle any claim for
services performed whenever the financial circumstances of the person receiving
the services are such that, in the judgment of the Borough Attorney, the best
interest of the borough will be served by compromise and settlement.
Funds collected from the application fee shall be deposited in a dedicated
fund administered by the Chief Financial Officer of the borough. The funds
shall be used exclusively to meet the costs incurred in providing the services
of a Municipal Public Defender, including, when required, expert and lay investigation
and testimony. In accordance with the provisions of P.L. 1997, Ch. 256, Section
6c,[1] the borough shall not be required to pay for expert and lay investigation
or testimony prior to March 22, 1999.
[1]
Editor's Note: See N.J.S.A. 2B:24-6c.
