[Adopted 12-29-1997 by Ord. No. 1997-41
(Ch. 19, Art. IV, of the 1977 Code)]
Pursuant to N.J.S.A. 2B:12-28, there is hereby created in the Borough
of South River the position of Municipal Public Defender. Said position shall
be filled and held by an attorney at law of the State of New Jersey, licensed
to practice law by the Supreme Court of New Jersey.
Upon request of the Judge of the Municipal Court, the Municipal Public
Defender shall appear in a Municipal Court of South River and conduct the
defense of any indigent person charged with one or more offenses described
in N.J.S.A. 2A:158A-5.2. The Municipal Public Defender shall not be responsible
for representation in any other proceedings or any appeal of any municipal
proceeding.
Every person applying for representation by a Municipal Public Defender shall, on approval of his application, pay an application fee as provided in Chapter 155, Fees, but only in an amount necessary to pay the costs of Municipal Public Defender services, to the Clerk of the South River Municipal Court. In accordance with guidelines promulgated by the Superior 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.
The Mayor and Council of the Borough of South River will review the
operation of the Municipal Public Defender program on or before January 1
every year to determine whether to continue the program in the next calendar
year.
The Municipal Public Defender shall be appointed by the Mayor with the
advice and consent of the Borough Council, and he shall serve from the date
of his appointment until the expiration of the calendar year in which he is
appointed or if a new Public Defender is not appointed at the annual reorganization
meeting, until such time as a successor has been appointed and duly qualifies.
