[Adopted 1-28-1998 by Ord. No. 2-98]
There is hereby established the position of
Public Defender for the Borough, which position shall be filled by
the appointment of the Mayor with the advice and consent of the Borough
Council. The Public Defender shall represent all persons determined
as indigent for whom such representation is directed by the Municipal
Court Judge. The term of office of the Public Defender shall be one
year, commencing January 1 of the calendar year and concluding December
31 of the same year. The Public Defender shall be an attorney licensed
to practice law in New Jersey.
A.
In order to obtain the services of the Public Defender,
application must be made to the Municipal Court. The Municipal Court
Judge shall make a decision as to whether a defendant is indigent
after reviewing the defendant's application, based upon whether the
defendant has the financial ability to secure competent legal representation
and other appropriate criteria.
B.
The Municipal Court Judge shall assess a fee as provided in Chapter 168 from each defendant who requires the services of the Public Defender. The Judge may waive this fee in whole or in part if the Judge determined the fee represents an unreasonable burden on said defendant. The defendant's inability to pay the fee shall in no way affect or reduce the rendering of services to him/her by the Public Defender.[1]
