[HISTORY: Adopted by the Township Committee of the Township of Oxford 2-4-1998 by Ord. No. 98-1 (Ch. 26 of the 1974 Township Code). Amendments noted where applicable.]
Municipal Court – See Ch. 24.
There is hereby created the office of Municipal Public Defender of the Township. The Municipal Public Defender shall serve the Municipal Court of the Township of Oxford.
The Township Committee shall appoint the Municipal Public Defender and shall fill any vacancy in the office, which shall be for the unexpired term only.
The Municipal Public Defender shall be an attorney at law of the State of New Jersey but need not be a resident of the Township.
The term of office of the Municipal Public Defender shall be for an initial term commencing March 22, 1998, and terminating on December 31, 1998. Following expiration of the initial term, the term of office shall be for one year, commencing on January 1 and terminating on December 31. The Municipal Public Defender may continue to serve in office pending reappointment or appointment of a successor.
It shall be the duty of the Municipal Public Defender to represent, except in the case of temporary unavailability or conflict of interest, any defendant charged 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 and other duties as set forth in the statute governing municipal public defenders.
The Municipal Public Defender shall receive compensation on a per-case basis in an amount as shall be fixed from time to time by resolution of the Township Committee.
Editor's Note: The current salary provisions are on file in the office of the Township Clerk.
Each individual applying for representation by the Municipal Public Defender shall be required to pay an application fee of $200, provided that such amount shall not exceed the amount necessary to pay the cost of the Municipal Public Defender services. The Municipal Court Judge 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 party seeking representation.
The funds collected pursuant to § 75-7 above shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township of Oxford. Such funds shall be used exclusively to meet the cost incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony.
With respect to each defendant entitled to and seeking representation by the Municipal Public Defender, the Municipal Court shall make an investigation of the financial status of each defendant and/or the defendant's legal guardians or parents if the defendant is under the age of 18 years. The investigation shall include the authority to require a defendant and/or the defendant's legal guardians or parents, if the defendant is under the age of 18 years, 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 Attorney for the Township of Oxford shall be permitted, in the name of the Township of Oxford, to collect any money due to the Township of Oxford by way of reimbursement for services rendered by a Municipal Public Defender as provided by law.