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Bill > A1761
NJ A1761
NJ A1761Requires 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
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 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 by ordinance that a person applying for municipal public defender representation 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 mandates that if a municipality charges a fee for someone applying for a municipal public defender, the municipal court must inform the applicant about this fee and how they can request to have it waived if they cannot afford to pay. A municipal public defender is an attorney provided by the court to represent individuals who cannot afford their own legal counsel in municipal court cases. The bill clarifies that any such application fee cannot exceed $200 and must be related to the cost of public defender services, as previously established by a 1997 law. The court can waive the fee if the applicant proves it would be an unreasonable financial burden. This change will become effective 60 days after the bill is signed into law.
Committee Categories
Justice
Sponsors (6)
Carol Murphy (D)*,
William Sampson (D)*,
Anthony Verrelli (D)*,
Yvonne Lopez (D),
Annette Quijano (D),
Verlina Reynolds-Jackson (D),
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 01/13/2026)
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/2026/A1761 |
| BillText | https://pub.njleg.gov/Bills/2026/A2000/1761_I1.HTM |
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