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Bill > S4151


NJ S4151

NJ S4151
Requires notice to be provided by municipal court to applicant for public defender of fee and process to waive fee for inability to pay.


summary

Introduced
11/30/2023
In Committee
11/30/2023
Crossed Over
Passed
Dead
01/08/2024

Introduced Session

2022-2023 Regular Session

Bill Summary

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.

AI Summary

This bill requires municipal courts to provide notice to applicants for municipal public defender services of any application fee and the process to waive the fee if the applicant is unable to pay. Under current law, municipalities can require applicants to pay an application fee of up to $200 for public defender services, but the fee can be waived if the court determines it imposes an unreasonable burden. The bill ensures that applicants are informed of this fee and waiver process.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 11/30/2023)

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