[1967 Code § 52-2; Ord. 12-29-69]
There shall be established "The Municipal Court of the Township
of Long Hill," which shall be presided over by a Judge of the Municipal
Court, who shall be appointed by the Township Committee and shall
serve for a term of three years from the date of appointment and until
a successor is appointed and qualified.
[1967 Code § 52-3; Ord. No. 12-29-69]
The Judge of the Municipal Court shall be a resident of this
State, shall be an attorney-at-law, and shall possess the qualifications
required by Statute. The Judge of the Municipal Court need not be
a resident of the Township of Long Hill.
[1967 Code § 52-4; Ord. 12-29-69]
The compensation of the Judge of the Municipal Court of the
Township of Long Hill shall be in accordance with the current salary
ordinance adopted by the Township Committee.
[1967 Code § 52-5]
The Municipal Court of the Township of Long Hill in all respects
shall be regulated and limited in accordance with N.J.S.A. 2A:8-1
et seq.
[Ord. No. 3-98 § 2]
There is hereby established the Office of Municipal Prosecutor
in the Township of Long Hill pursuant to the authority of N.J.S.A.
2B:12-27. The Municipal Prosecutor shall serve under the supervision
of the Attorney General or County Prosecutor to represent the Township
of Long Hill in any matter within the jurisdiction of the Long Hill
Township Municipal Court.
[Ord. No. 3-98 § 2]
Pursuant to the provisions of N.J.S.A. 2B:12-27, the Township
Attorney shall serve as the Assistant Municipal Prosecutor under the
supervision of the Attorney General or County Prosecutor to represent
the Township of Long Hill in any matter involving the Township's land
use ordinances and any other Township ordinance within the jurisdiction
of the Long Hill Township Municipal Court when directed to do so by
the Township Committee or the Township Administrator.
There is hereby established the Office of the Municipal Public
Defender in the Township of Long Hill pursuant to N.J.S.A. 2B:24-1,
et seq.
[Ord. No. 3-98 § 3]
As used in this section:
Shall mean a person who is entitled to be represented by
the Township Public Defender pursuant to this section and does not
have the present financial ability to secure competent legal representation,
as determined by N.J.S.A. 2B:24-9.
Shall mean the Long Hill Municipal Court established pursuant
to N.J.S.A. 2B:12-1.
Shall mean the person appointed to represent indigent defendants
in proceedings over which the Municipal Court has jurisdiction.
[Ord. No. 3-98 § 3]
The Township Public Defender shall be an attorney-at-law of
this State in good standing, and shall serve for a term of one year
from the date of his appointment (except that the initial term of
the first Public Defender shall run through December 31 of the year
of his appointment), and may continue to serve in office pending reappointment
or appointment of a successor. The Township Public Defender may also
serve in that position in other municipal courts. The Township Public
Defender need not reside in the Township.
[Ord. No. 3-98 § 3]
Appointments to fill vacancies in the position of Township Public
Defender shall be made in accordance with the provisions of this section
as soon as practicable.
[Ord. No. 3-98 § 3]
In addition to any other means provided by law for the removal
from office of a public official, the Township Public Defender may
be removed by the Township Committee for good cause shown and after
a public hearing, and upon due notice and an opportunity to be heard.
Failure to reappoint a Township Public Defender for a second or subsequent
term does not constitute a "removal from office" within the meaning
of this subsection.
[Ord. No. 3-98 § 3]
The Township Public Defender may represent private clients in
the Long Hill Municipal Court, subject to the Rules of Court Governing
the Conduct of Lawyers, Judges and Court Personnel.
[Ord. No. 3-98 § 3; Ord. No. 11-98 § 1]
The Township Public Defender shall receive compensation, either
on an hourly, per diem, annual or other basis as the Township Committee
may provide. The agreement with the Public Defender shall also set
forth any additional compensation to be paid for interlocutory appeals
to the Superior Court.
[Ord. No. 3-98 § 3]
a.
It shall be the duty of the Township 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 defendant entitled to representation pursuant to this section.
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. Commencing September 23, 1998, the
Township shall be responsible for payment for expert and lay investigation
or testimony. The factors of need and real value to a defendant may
be weighed against the financial constraints of the Township in determining
the necessary services and facilities of representation. The final
determination as to necessity for services required pursuant to this
section shall be made by the Court.
b.
The Township Public Defender shall be responsible for handling all
phases of the defense, including but not limited to discovery, pretrial
and posttrial hearings, motions, removals to Federal District Court
and other collateral functions reasonably related to the defense.
As used in this subsection, "posttrial hearing" shall not include
de novo appeals in Superior Court.
[Ord. No. 3-98 § 3]
The Township 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 Township Public
Defender shall represent an indigent defendant.
[Ord. No. 3-98 § 3]
If there is a vacancy in the Office of Township Public Defender,
if the Township Public Defender is temporarily unavailable or if a
finding of conflict of interest precludes the Township Public Defender
from representing an indigent defendant, the Township 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 Township Committee, 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 Township Public Defender in connection with the case that is
the subject of the appointment.
[Ord. No. 3-98 § 3]
All communications between the indigent defendant and the Township
Public Defender or any other attorney appointed to act as a Township
Public Defender shall be fully protected by the attorney-client privilege
to the same extent and degree as though counsel has been privately
engaged. This shall not preclude the use by the Township Public Defender
of privileged material for the preparation and disclosure of statistical,
case study and other sociological data, provided that in any such
use there shall be no disclosure of the identity of or means for discovery
of the identity of particular defendants.
[Ord. No. 3-98 § 3]
a.
Eligibility for services of the Township Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in Subsection d of this subsection. Need shall be measured according to N.J.S.A. 2A:158A-14 and guidelines promulgated by the New Jersey Supreme Court.
b.
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 Township 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 Township
for the cost of the services rendered to that time.
c.
The Municipal Court shall make an investigation of the financial
status of each defendant seeking representation pursuant to this act
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.
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.
d.
Whenever a person entitled to representation by a Township Public Defender pursuant to this act, 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 Subsection 2-28B.13 of this section 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.
[Ord. No. 3-98 § 3]
a.
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, either by a
single payment or in installments in such amounts as he can reasonably
be expected to pay; but no default or failure in making payment shall
affect or reduce the rendering of services.
b.
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 section
as calculated at the same rate as the Office of the Public Defender
bills clients at that time. To effectuate such a lien for the Township,
the Township Attorney shall file a notice of lien in accordance with
N.J.S.A. 2A:24-13.
The Township Attorney is authorized to compromise and settle
any claim for services performed pursuant to this section whenever
the financial circumstances of the person receiving the services are
such that, in the judgment of the Township Attorney, the best interest
of the Township will be served by compromise and settlement.
The Township Attorney in the name of the Township may do all
things necessary to collect any money due to the Township by way of
reimbursement for services rendered by the Township Public Defender
pursuant to this act. The Township Attorney may enter into arrangements
with any State or County agency to handle collections on a cost basis.
The Township 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 for such collection action
so that the same are not borne by the Township.
[Ord. No. 3-98 § 3]
a.
A person applying for representation by the Township Public Defender
or Court approved counsel shall pay an application fee of $200, but
only in an amount necessary to pay the costs of Township Public Defender
services. 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 subsection shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township. Such funds shall be used exclusively to meet the costs incurred in providing the services of a Township Public Defender including, when required, expert and lay investigation and testimony.
c.
Beginning in 1999, if it is determined by the Division of Local Government
Services during its annual review of a Township budget that the amount
of money in a dedicated fund established pursuant to this section
exceeds by more than 25% the amount which the Township expended during
the prior year providing the services of a Township Public Defender,
the amount in excess of the amount expended shall be forwarded to
the Criminal Disposition and Review Collection Fund administered by
Victims of Crime Compensation Board.
[Ord. No. 3-98 § 3]
This section shall take effect on March 23, 1998, except that Subsection 2-28B.14 shall take effect on December 22, 1997.
[Ord. No. 156-2004 § 1]
a.
All requests for discovery in matters pending in the Long Hill Municipal
Court shall be submitted through the Municipal Prosecutor in accordance
with the Rules of Court.
