ASSEMBLY, No. 2833

STATE OF NEW JERSEY

221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:

Assemblyman  ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

Assemblywoman  CAROL A. MURPHY

District 7 (Burlington)

Assemblyman  WILLIAM B. SAMPSON, IV

District 31 (Hudson)

Co-Sponsored by:

Assemblywomen Quijano, Reynolds-Jackson, Lopez and Assemblyman Conaway

SYNOPSIS

     Requires notice to be provided by municipal court to applicant for public defender of fee and process to waive fee for inability to pay.

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

An Act concerning certain municipal court notice and supplementing P.L.1997, c.256. 

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1.    In any municipality that requires by ordinance a person applying for representation by a municipal public defender to pay an application fee pursuant to section 17 of P.L.1997, c.256 (C.2B:24-17), the municipal court shall be required to provide notice to all applicants of the application fee and the process to waive the fee in the event the applicant is unable to pay.  No fee other than that permitted by section 17 of P.L. 1997, c.256 (C.2B:24-17) shall be assessed for representation by a municipal public defender.

     2.    This act shall take effect 60 days after enactment. 

STATEMENT

     This bill provides that if a municipality requires by ordinance that a person applying for representation by a municipal public defender pay an application fee, the municipal court would be required to provide notice to the applicant of the fee and the process to waive the fee in the event of any inability to pay.  No fee other than that permitted by section 17 of P.L.1997, c.256 (C.2B:24-17) is to be assessed for representation by a municipal public defender.

     Under the provisions of section 17 of P.L.1997, c.256
(C.2B:24-17), a municipality may require by ordinance that a person applying for municipal public defender representation pay an application fee of not more than $200.  The statute provides that the fee must be in an amount necessary to pay the costs of municipal public defender services.  The municipal court may waive the application fee if the court determines upon a clear and convincing showing by the applicant that the fee represents an unreasonable burden on the person seeking representation.  

     The bill would take effect 60 days after enactment.