Bill
Bill > A5639
NJ A5639
NJ A5639Removes municipal authority to charge application fee for representation by municipal public defender.
summary
Introduced
05/08/2025
05/08/2025
In Committee
05/08/2025
05/08/2025
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
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.
AI Summary
This bill aims to remove a municipality's ability to charge an application fee for individuals seeking representation by a municipal public defender. Currently, under New Jersey state law (N.J.S.A.2B:24-17), municipalities are permitted to impose an application fee of up to $200 on people applying for a public defender's services. By repealing this specific statute, the bill eliminates the legal basis for such fees, which the sponsor argues can create a barrier to an individual's Sixth Amendment right to counsel. The Sixth Amendment to the U.S. Constitution guarantees that individuals accused of crimes have the right to legal representation, and this bill seeks to ensure that financial barriers do not prevent people from accessing this constitutional protection. The bill would take effect immediately upon enactment, meaning municipalities would no longer be able to charge application fees for public defender services as soon as the bill becomes law.
Committee Categories
Justice
Sponsors (2)
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 05/08/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/A5639 |
| BillText | https://pub.njleg.gov/Bills/2024/A6000/5639_I1.HTM |
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