§ 82-17. Waivable fees for representation by Municipal Public Defender., Chapter 82. Fees, Part II. General Legislation, Code of Ordinances, West Windsor

Application fee. Any person making application for representation by a Municipal Public Defender with regard to any matter before the West Windsor Municipal Court shall pay an application fee of not more than $200, payable to the Township of West Windsor, to the Municipal Court Administrator, at the time of the application.

[Amended 5-14-2007 by Ord. No. 2007-08]

Waiver of fee. In accordance with N.J.S.A. 2B:24-17 and with guidelines promulgated by the New Jersey 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. 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 below. Need shall be measured as provided by law and in accordance with the 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 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 or her own counsel and to reimburse the Township for the cost of the services rendered to that time.

Investigation of financial status. The Municipal Court shall undertake 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 the evaluation of eligibility. As provided by law, the court is authorized to obtain information from any public record, office of the state, or any subdivision or agency thereof on request and without payment of fees ordinarily required by law.

Financial obligations of parents or guardians. As provided by N.J.S.A. 2B:24-11, 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.

Reimbursement to the Township. As provided by N.J.S.A. 2B:24-12, 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 Township and the Township shall have a lien on any property to which the defendant shall have or acquire an interest for the amount equal to the reasonable value of the services rendered to a defendant pursuant to this act as calculated at the same rate of the office of the Public Defender bills clients at that time.

Collection and settlement of claims. The Township Attorney 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. 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 of 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 Attorney is authorized to compromise and settle any claims for services performed 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.

Establishment of fund. Fees collected pursuant to this section shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township. The fund shall be used exclusively to meet the costs incurred in providing the services of a Township Public Defender, including, when required, expert and lay person investigation and testimony.