There is hereby created within the Department of Law, for administrative
purposes, but independent from the Department of Law, a Municipal
Public Defender, who shall be appointed by the Township Council. The
Township Council may appoint a Chief Municipal Public Defender and
such Deputy Municipal Public Defenders as may be determined by the
Township Council to be necessary.
In accordance with the provisions of P.L. 1997, Chapter 256
(N.J.S.A. 2B:24-1 et seq.), the Municipal Public Defender and any
Deputy Municipal Public Defender 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
Township Public Defender by the Court.
The Municipal Public Defender, Chief Municipal Public Defender
or Deputy Municipal Public Defender shall be appointed for a term
of one year from the date of appointment and may continue to serve
in office pending reappointment or appointment of a successor.
The Municipal Public Defender, Chief Municipal Public Defender
or Deputy Municipal Public Defender shall be compensated in the manner
established by ordinance.
The Chief Municipal Public Defender shall have all of the duties
provided by P.L. 1997, Chapter 256 (N.J.S.A. 2B:24-1 et seq.), in
the representation of indigent defendants in proceedings over which
the Willingboro Municipal Court has jurisdiction and shall have authority
over any Deputy Municipal Public Defenders that may be appointed by
the Township Council with respect to the performance of their duties.
The Deputy Municipal Public Defender, if one or more shall be
appointed, shall serve in the absence or disqualification of the Chief
Municipal Public Defender or when assigned by the Chief Municipal
Public Defender.
The Municipal Public Defenders may represent private clients
in the Municipal Court and before Township 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 as provided in § 150-11. In accordance with P.L. 1997, Chapter 256 (N.J.S.A. 2B:24-1 et seq.), and 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.
Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in § 3-98. 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. 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 the defendant's own counsel and to reimburse the municipality 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 require a defendant to execute and deliver written requests
or authorizations required under applicable law to provide the Court
with access to records of public or private sources, otherwise confidential,
as may be of aid in evaluating eligibility. As provided by law, the
Court is authorized to obtain information from any public record office
of the state or of any subdivision or agency thereof on request and
without payment of the fees ordinarily required by law.
As provided by P.L. 1997, Chapter 256 (N.J.S.A. 2B:24-1 et seq.),
whenever a person is entitled to representation by a Municipal Public
Defender pursuant to this article and 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 individual's parents or legal guardians. The Township shall
be entitled to recover the cost of legal services from the parents
or legal guardians as provided in N.J.S.A. 2B:24-16, and the Municipal
Court shall have authority to require parents or legal guardians to
execute and deliver the written requests or authorization required
under applicable law in order to provide the Court with access to
records of public or private sources, otherwise confidential, as may
be of aid to it in evaluating eligibility.
As provided by P.L. 1997, Chapter 256 (N.J.S.A. 2B:24-1 et seq.),
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 Township, and the Township shall
have a lien on any property to which the defendant shall have or acquire
an interest for an amount equal to the reasonable value of the services
rendered to a defendant pursuant to this article as calculated at
the same rate as the office of the Public Defender bills clients at
that time.
The Township Solicitor may do all things necessary to collect
any money due to the Township by way of reimbursement for services
rendered by a Municipal Public Defender. The Township Solicitor may
enter into arrangements with any state or county agency to handle
collections on a cost basis. The Township Solicitor 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 Township Solicitor 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 Township Solicitor, the best interest of the Township 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 Township. 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.
