Bill
Bill > S4396
NJ S4396
Removes municipal authority to charge application fee for representation by municipal public defender.
summary
Introduced
05/19/2025
05/19/2025
In Committee
05/19/2025
05/19/2025
Crossed Over
Passed
Dead
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 removes the current legal provision that allows municipalities in New Jersey to charge up to $200 as an application fee for individuals seeking representation by a municipal public defender. Under the existing law (N.J.S.A.2B:24-17), municipalities could impose this fee through a local ordinance, though courts had the discretion to waive the fee if it would create an unreasonable financial burden on the applicant. The bill's sponsor intends to eliminate this fee as a potential barrier to an individual's Sixth Amendment right to counsel, which guarantees that people accused of crimes can receive legal representation. By repealing Section 17 of P.L.1997, c.256, the bill would prevent municipalities from charging any application fee for public defender services, thereby making legal representation more accessible to individuals who may not be able to afford private attorneys.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 05/19/2025)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S4396 |
| BillText | https://pub.njleg.gov/Bills/2024/S4500/4396_I1.HTM |
Loading...