Bill Text: NJ S4151 | 2022-2023 | Regular Session | Introduced

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

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2023-11-30 - Introduced in the Senate, Referred to Senate Judiciary Committee [S4151 Detail]

Download: New_Jersey-2022-S4151-Introduced.html

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SENATE, No. 4151

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED NOVEMBER 30, 2023

 

 

Sponsored by:

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

 

 

 

 

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

     As introduced.

  

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 that a person applying for municipal public defender representation to 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.