STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblywoman KATIE BRENNAN
District 32 (Hudson)
Assemblyman CHIGOZIE U. ONYEMA
District 28 (Essex and Union)
Co-Sponsored by:
Assemblyman Stewart, Assemblywomen Reynolds-Jackson, Haider and Assemblyman Sampson
SYNOPSIS
Removes municipal authority to charge application fee for representation by municipal public defender.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning municipal public defenders and repealing section 17 of P.L.1997, c.256.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 17 of P.L.1997, c.256 (C.2B:24-17) is repealed.
2. This act shall take effect immediately.
STATEMENT
This bill repeals the law permitting a municipality to impose an application fee for a person applying for representation by a municipal public defender.
Under current law, N.J.S.A.2B:24-17, a municipality is permitted to impose, by ordinance, an application fee of up to $200 on any person applying for representation by a municipal public defender. A court is permitted to waive any required application fee, in whole or in part, if the court determines that the application fee represents an unreasonable burden on the person seeking representation.
This bill would repeal this statute and thus remove the authority of a municipality to impose such fee.
It is the sponsor’s intent to remove any barrier, including the imposition of a fee, to a person’s Sixth Amendment right under the U.S. Constitution, which guarantees individuals accused of crimes the right to counsel.