[Ord. No. 04-98 § 73-1]
There is created within the Legal Department of the City of
Absecon, for administrative purposes, but independent from the Legal
Department, a Municipal Public Defender who shall be appointed by
the Governing Body.
[Ord. No. 04-98 § 73-2]
In accordance with the provisions of N.J.S.A. 2B:24-4, the Municipal
Public Defender shall be 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.
[Ord. No. 04-98 § 73-3]
The Municipal Defender shall be appointed for a term of one
year from the date of appointment and may continue to serve in office
pending re-appointment or appointment of a successor.
[Ord. No. 04-98 § 73-4]
The Municipal Defender shall be compensated in the manner established
by the salary ordinance. In the event the appointed Public Defender
is unable to appear in court on a regularly scheduled court session
for any reason and procures the services of a substitute Municipal
Public Defender, the City will not be obligated to pay any additional
compensation to the substitute Municipal Public Defender.
[Ord. No. 04-98 § 73-5]
The Municipal Public Defender shall have all the duties provided
by N.J.S.A. 2B:24-1 et seq. in the representation of indigent defendants
in proceedings over which the Absecon Municipal Court has jurisdiction.
[Ord. No. 04-98 § 73-6]
The Municipal Public Defender may represent private clients
in the Absecon Municipal Court and before Absecon Municipal Agencies,
subject to the Rules Governing the Conduct of Lawyers, Judges and
Court Personnel.
[Ord. No. 04-98 § 73-7]
A person applying for representation by the Municipal Public
Defender shall pay an application fee of $200. In accordance with
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.
[Ord. No. 04-98 § 73-8]
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 Section 13-20 below. 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 first services are 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 it is subsequently determined that the defendant is ineligible the Municipal Court shall notify the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the City for the cost of services rendered to that time.
[Ord. No. 04-98 § 73-9]
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,
which may aid in evaluating eligibility. As provided by law, the Court
is authorized to obtain information from any public record office
from the state or any subdivision or agency thereof on requests and
without payment of the fees ordinarily required by law.
[Ord. No. 04-98 § 73-10]
As provided by N.J.S.A. 2B:24-13, whenever a person entitled
to representation by a Municipal Public Defender pursuant to this
act is under the age of 18, the eligibility for services shall be
determined on the basis of the financial circumstances of the individual
and financial circumstances of the individual's parents or guardians.
[Ord. No. 04-98 § 73-11]
As provided by N.J.S.A. 2B:24-13, if the defendant has or reasonably
expects to have means to meet some part, though not all, of the costs
of the services rendered, the defendant shall be required to reimburse
the City and the City 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 act as calculated at the same rate as the Office of the Public
Defender bills clients at that time.
[Ord. No. 04-98 § 73-12]
The Municipal Attorney may do all things necessary to collect
any money due to the City by way of reimbursement for services rendered
by a Municipal Public Defender. The Municipal Attorney may enter into
arrangements with a state or county agency to handle collections on
a cost basis. The Municipal Attorney shall have all the remedies and
proceedings available for or upon the recovery of a judgment in a
civil action and shall be permitted to collect counsel fees and costs
from the defendant. The Municipal 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 Municipal Attorney, the best interest of the
City will be served by compromise and settlement.
[Ord. No. 04-98 § 73-13]
Funds collected from the application fee shall be deposited
in a dedicated fund administered by the Chief Financial Officer of
the City. 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.
