The Township of East Brunswick was established in 1860. Since January 1, 1965, the

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& 3-73

EAST BRUNSWICK CODE

& 3-75

& 3-73.

Audit, approval and payment of bills and claims.

Bills, claims and demands against the municipality shall be deemed approved or

disapproved in accordance with the procedure prescribed by this subsection. A voucher

on a form prescribed by the Treasurer shall be presented for each bill, claim or demand

and shall be paid only upon the approval of the Treasurer. Disbursements shall be made

by a check or draft signed by the Mayor or, in his absence, the Administrator and

countersigned by the Treasurer or, in his absence, the Deputy Treasurer, except that

payroll checks may be signed by the Treasurer or, in his absence, the Deputy Treasurer

upon certification of the Administrator of the total payroll.

All of the signatures required on a check may be inscribed mechanically. [Amended

10-9-67 by Ord. No. 67-1-D]

The Council shall approve or disapprove all claims after it has reviewed the list of the

bills. In the event that the Council questions a claim, supporting documentation shall be

furnished by the administration. [Amended 12-23-74 by Ord. No. 74-1-BB]

& 3-74.

Certificates of search for municipal improvements. [Amended 8-14-78

by Ord. No. 78-49]

The Township Engineer is designated pursuant to law to make and issue official certificates of

searches for municipal improvements authorized by ordinance but not yet assessed, and he shall

receive and remit to the Collector of Revenue, for each certificate issued by him, the fee provided by

law (N.J.R.S. 54:5-14 et seq.).

ARTICLE XI

Department of Law

[Amended 4-8-96 by Ord. No. 95-49]

& 3-75.

Department established; appointment and qualifications of the

Director; compensation. [Amended 6-26-72 by Ord. No. 72-1-R; 7-23-73

by Ord. No. 73-1-W]

There shall be a Department of Law, the Director of which shall be the Director of Law and

Township Attorney. He shall be appointed by the Mayor with the advice and consent of the Council.

The Director of Law shall receive a salary, known as a "retainer," as compensation for the

performance of those services which are listed as retainer services in & 3-80 hereof. The Director of

Law shall be reasonably compensated on a voucher basis for those services which are listed as

non-retainer services in & 3-80 and for all out-of-pocket expenses incurred by him in connection with

the performance of those services. Prior to his appointment, the Director of Law shall have been duly

admitted to the practice of law in the State of New Jersey for at least five (5) years.

352

5-98

& 3-76

ADMINISTRATION OF GOVERNMENT

& 3-78

& 3-76.

Powers and duties. [Amended 6-26-72 by Ord. No. 72-1-R; 3-29-94 by

Ord. No. 94-19]

Except as may be otherwise provided by the charter or Code, the Department of Law shall:

Provide legal advice and assistance to the Mayor and Council and to all departments, boards

and bodies, except where prohibited by laws, and prosecute and defend actions and

proceedings by and against the municipality. However, his duties shall not include services

to the Zoning Board of Adjustment or the Planning Board.

Draft ordinances and resolutions and advise as to their form and sufficiency prior to passage.

C. Review and approve all bid specifications, contracts, deeds, documents and instruments prior

to passage. [Amended 3-29-94 by Ord. No. 94-19]

D. Render opinions, in writing, upon any question of law submitted to him by the Mayor, the

Council or the Director of the Department of Administration with respect to their official

powers and duties.

Conduct appeals from orders, decisions or judgments affecting any interest of the municipality

as directed by the Mayor or Council.

Subject to the approval of the Mayor and/or Council, the Township Attorney shall have the

power to enter into any agreement, compromise or settlement of any litigation in which the

municipality is involved, provided that this subsection shall not be construed to limit or abridge

the discretion of the Township Attorney handling any matter in regard to the proper conduct

of any trial, action or proceeding or deprive him of the powers and privileges ordinarily

exercised in judicial proceedings by counsel acting for private clients.

G. Maintain a record of all actions, suits, proceedings and matters which relate to the

municipality's interest and report thereon from time to time as the Mayor or Council may

require. The Mayor or Council may request a monthly report with copies filed with the

Township Clerk, and the report shall include all hours spent by attorneys in the conduct of the

township business, with details as to legal services performed. Payment shall be by voucher

which shall contain the nature of the case, time spent and legal services rendered or such

other information as required by the Mayor or Council.

& 3-77.

Appointment of special counsel.

W henever he deems the interests of the municipality so require, the Township Attorney, with the

approval of the Mayor and within the limits of available appropriations, may appoint special counsel

to assist in the preparation, trial and argum ent of such legal matters or proceedings as he may

determine. If the Township Attorney should be disqualified with respect to any matter, the Mayor may

appoint special counsel with the approval of the Township Council to represent the municipality for

and with respect to such matter.

& 3-78.

Prosecutions. [Amended 8-24-92 by Ord. No. 92-32]

The Township Attorney shall designate two (2) attorneys to conduct prosecutions for crimes and

offenses cognizable by the Municipal court of the Township of East Brunswick, including violations

of ordinances of the municipality, complaints of any department under state law and for

353

7-94

& 3-78

EAST BRUNSWICK CODE

& 3-78.1

violations of rules or regulations duly promulgated by any department; provided, however, that the

Township Prosecutors shall not be responsible for the prosecution of such crimes and offenses as are

required by law to be prosecuted by the County Prosecutor. The Township Prosecutor shall not be

required to prosecute complaints filed by private citizens except where directed by the appropriate

Municipal Court Judge or whenever the Township Attorney shall determine that the township has a

special interest.

& 3-78.1.

Municipal Public Defenders. [Added 4-8-96 by Ord. No. 95-49;

amended 2-23-98 by Ord. No. 98-6]

The Mayor shall nominate the Municipal Public Defender with advice and consent of the

Council. Such Municipal Public Defenders shall provide representation for those indigent defendants

charged with one or more offenses described in N.J.S.A. 2B:12-18 which are to be prosecuted in the

East Brunswick Municipal Court and who have made proper application for such representation with

the East Brunswick Municipal Court. Such Municipal Public Defenders shall not be responsible for

representation in any other proceedings or in any appeal of any municipal proceeding.

1.

PURPOSE [Amended 2-23-98 by Ord. No. 98-6]

1.1.

The purpose of this ordinance is to amend the East Brunswick Municipal Code

to provide for a Municipal Public Defender Program in the Township of East Brunswick.

1.2.

Such a program is deemed in the best interests of the Township of East

Brunswick for the following reasons:

Many defendants who appear in the East Brunswick Municipal Court are indigent

or of such limited means as to be unable to afford to engage counsel;

Both the State and Federal Constitutions guarantee persons accused of serious

offenses the right to the assistance of counsel and require the State to provide counsel for such

defendants who cannot afford to engage counsel of their own;

One way to assure representation for such persons in the East Brunswick

Municipal Court is by use of a Public Defender engaged by the Township of East Brunswick, who can

be assigned by the Court to represent such persons;

By providing for a Municipal Public Defender to ensure that indigent persons are

provided counsel, the Township of East Brunswick will be promoting the interests of justice, helping

to assure expeditious disposition of cases before the East Brunswick Municipal Court;

As a means of defraying the costs for the services of a Municipal Public

Defender, N.J.S.A. 2B:24-17 authorizes the collection of a two hundred ($200.00) application fee in

connection with the appointment of counsel for indigent persons; [Amended 2-23-98 by Ord. No. 98-6]

By collecting the application fee authorized by N.J.S.A. 2B:24-17, the Township

of East Brunswick will be reimbursed for costs of providing the services of a Municipal Public

Defender. [Amended 2-23-98 by Ord. No. 98-6]

2.

DEFINITIONS RELATIVE TO MUNICIPAL PUBLIC DEFENDERS. [Added 2-23-98

by Ord. No. 98-6]

As used in this Chapter 3-78.1:

353.1

5-98

& 3-78.1

ADMINISTRATION OF GOVERNMENT

& 3-78.1

"Indigent defendant" means a person who is entitled to be represented by a municipal

public defender pursuant to this Chapter 3-78.1, and does not have the present financial ability to

secure competent legal representation, as determined by Section 10 of this Chapter 3-78.1.

"Municipal Court" means, unless herein specifically defined otherwise, the East

Brunswick Municipal Court.

"Municipal public defender" means a person, as defined in Section 4 of this Chapter

3-78.1, appointed to represent indigent defendants in proceedings over which the municipal court has

jurisdiction.

"Municipality" means, unless herein specifically defined otherwise, the Township of

East Brunswick.

3.

REQUIREMENTS FOR MUNICIPAL PUBLIC DEFENDERS. [Added 2-23-98 by

Ord. No. 98-6]

A municipal public defender shall be an attorney-at-law of this State in good standing, and

shall serve for a term of one year from the date of his appointment, and may continue to serve in office

pending re-appointment or appointment of a successor. A municipal public defender m ay be

appointed to that position in one or more municipal courts. The provisions of this Chapter 3-78.1 shall

apply to each such position held. A municipal public defender need not reside in the municipality

where he acts as a municipal public defender.

4.

AUTONOMY OF OFFICE

W ith the exception of the review procedure outlined in Section 17, infra., the position of

Municipal Public Defender shall be independent from all departments and agencies of the Township

government, but, for purposes of budgeting and administration, shall be allocated to the Department

of Law.

5.

ADMINISTRATION [Amended 2-23-98 by Ord. No. 98-6]

5.1.

Appointment of Municipal Public Defender.

The Mayor shall nominate the Municipal Public Defender with advice and

consent of the Council.

The Mayor may nominate additional municipal public defenders with advice and

consent of the Council as necessary to administer justice in a timely and effective manner in the

municipal court. Additional nominations shall be subject to the provisions of this Chapter 3-78.1.

[Added 2-23-98 by Ord. No. 98-6]

The Mayor shall nominate a "chief municipal public defender with advice and

consent of the Council, if the Municipal Court has two or more municipal public defenders. The chief

municipal public defender shall have authority over other municipal public defenders serving that court

with respect to the performance of their duties. [Added 2-23-98 by Ord. No. 98-6]

Appointments to fill vacancies in the position of municipal public defender shall

be made in accordance with the provisions of this Chapter 3-78.1 as soon as practicable. [Added 2-

23-98 by Ord. No. 98-6]

353.2

5-98

& 3-78.1

EAST BRUNSWICK CODE

& 3-78.1

In addition to any other means provided by law for the removal from office of a

public official, a municipal public defender may be removed by the governing body of the municipality

for good cause shown and after a public hearing, and upon due notice and an opportunity to be heard.

Failure to reappoint a municipal public defender for a second or subsequent term does not constitute

a "removal from office" within the meaning of this subsection. [Added 2-23-98 by Ord. No. 98-6]

The municipal public defenders may represent private clients in any municipality,

including the municipality where they act as a municipal public defender, subject to the Rules of Court

Governing the Conduct of Lawyers, Judges and Court Personnel. [Added 2-23-98 by Ord. No. 98-6]

5.2.

Reporting and Payment. [Amended 2-23-98 by Ord. No. 98-6]

All Municipal Public Defenders shall provide monthly or quarterly reports and

vouchers as to services rendered during that month to the Township Council.

A municipal public defender shall receive compensation, either on an hourly, per

diem, annual or other basis as the municipality may provide. The compensation of a municipal public

defender for services rendered pursuant to the provisions of this act shall be in lieu of any and all

other compensation by the municipality. The ordinance, resolution or agreement setting

compensation shall set forth any additional compensation to be paid for interlocutory appeals in the

Superior Court. [Added 2-23-98 by Ord. No. 98-6]

6.

DUTIES OF MUNICIPAL PUBLIC DEFENDER. [Added 2-23-98 by Ord. No. 98-6]

It shall be the duty of the municipal public defender to represent, except in the case

of temporary unavailability or conflict of interest, any defendant charged with an offense in municipal

court who is an indigent municipal defendant entitled to representation pursuant to this act. All

necessary services and facilities of representation, including both expert and lay investigation and

testimony as well as other preparations, shall be provided in every case. The municipality shall be

responsible for payment for services pursuant to this Section 6. The factors of need and real value

to a defendant may be weighed against the financial constraints of the municipality in determining the

necessary services and facilities of representation. The final determination as to necessity for

services required pursuant to this Section 6 shall be made by the court.

A municipal public defender shall be responsible for handling all phases of the

defense, including but not limited to discovery, pretrial and post-trial hearings, motions, removals to

federal district court and other collateral functions reasonably related to the defense. As used in this

Subsection 6b., "post-trial hearing" shall not include de novo appeals in Superior Court.

Nothing in this Section 6 shall be deemed to require the municipality to pay for expert

and lay investigation or testimony for a period of one year after the effective date of P.L.1997,c.256

(C.2B:24-1 et seq.)

7.

REPRESENTATION OF INDIG ENT DEFENDANTS. [Added 2-23-98 by Ord. No.

98-6]

The municipal public defender shall represent an indigent defendant charged in

Municipal Court with a crime as specified in N.J.S.2B:12-18 or, if in the opinion of the Municipal Court

there is a likelihood that the defendant, if convicted, of any other offense will be subject to

imprisonment or other consequence of magnitude, the municipal public defender shall represent an

indigent defendant.

353.3

5-98

& 3-78.1

ADMINISTRATION OF GOVERNMENT

& 3-78.1

If there is a vacancy in the office of municipal public defender, if the municipal public

defender is temporarily unavailable or if a finding of conflict of interest precludes the municipal public

defender from representing an indigent defendant, the municipal prosecutor may prosecute the

offense if the municipal court appoints a qualified attorney to represent the indigent defendant. Unless

rates are otherwise established by the municipality, the attorney shall be entitled to compensation at

the same rate as attorneys hired by the Office of the Public Defender in conflict cases, with payment

to be made within 30 days. Once appointed, the attorney shall carry out all duties of the municipal

public defender in connection with the case that is the subject of the appointment.

8.

COMMUNICATIO NS PROTECTED UNDER ATTORNEY-CLIENT PRIVILEGE.

[Added 2-23-98 by Ord. No. 98-6]

All communications between the indigent defendant and the municipal public defender

or any other attorney appointed to act as a municipal public defender shall be fully protected by the

attorney-client privilege to the sam e extent and degree as though counsel has been privately

engaged. This shall not preclude the use by the municipal public defender of privileged material for

the preparation and disclosure of statistical, case study and other sociological data, provided that in

any such use there shall be no disclosure of the identity of or means for discovery of the identity of

particular defendants.

9.

APPLICATION FOR MUNICIPAL PUBLIC DEFENDER SERVICES [Amended 2-23-

98 by Ord. No. 98-6]

9.1

ELIGIBILITY FOR SERVICES OF MUNICIPAL PUBLIC DEFENDER. [Added

2-23-98 by Ord. No. 98-6]

Eligibility for services of the municipal public defender shall be determined by

the municipal court on the basis of the need of the defendant, except as provided in Section 12 of this

Chapter 3-78.1. Need shall be measured according to section 14 of P.L.1967, c.43 (C.2A:158A-14)

and guidelines promulgated by the New Jersey Supreme Court. [Added 2-23-98 by Ord. No. 98-6]

In the event that a determination of eligibility cannot be made before the time

when the first services are to be rendered, or if an initial determination is found to be erroneous, the

municipal court shall refer the defendant to the municipal public defender provisionally, and if

subsequently it is determined that the defendant is ineligible the Municipal Court shall inform the

defendant , and the defendant shall be obliged to engage his own counsel and to reimburse the

municipality for the cost of the services rendered to the time. [Added 2-23-98 by Ord. No. 98-6]

9.2

APPLICATION FEE, W AIVER; DEPOSIT IN DEDICATED FUND. [Added 2-23-

98 by Ord. No. 98-6]

Every person applying for representation by a Municipal Public Defender shall,

on approval of his application, pay an application fee of not more than two hundred dollars ($200.00)

to the Municipal Court Administrator of the East Brunswick Municipal Court. The Municipal Court may

permit a person to pay the application fee over a specific period of time not to exceed four months.

In accordance with guidelines promulgated by the Supreme Court, the Municipal Court may waive any

required application fee, in whole or in part, only if the Court determines, in its discretion, upon a clear

and convincing showing by the applicant that the application fee represents an unreasonable burden

on the person seeking representation. [Amended 2-23-98 by Ord. No. 98-6]

353.4

5-98

& 3-78.1

EAST BRUNSWICK CODE

3-78.1

Funds collected pursuant to Subsection a. of this Section 9.2 shall be deposited in

a dedicated fund administered by the chief financial officer of the municipality or in the case of a joint

municipal court in a manner agreed to by the constituent municipalities. Such funds shall be used

exclusively to meet the costs incurred in providing the services of a municipal public defender

including, when required, expert and lay investigation and testimony. [Added 2-23-98 by Ord. No. 98-

c.

Beginning in 1999, if it is determined by the Division of Local Government Services

during its annual review of the municipal budget that the amount of money in a dedicated fund

established pursuant to this Section 9.2 exceeds by more than 25% the amount which the municipality

expended during the prior year providing the services of a municipal public defender, the amount in

excess of the amount expended shall be forwarded to the Criminal Disposition and Review Collection

Fund administered by Victims of Crime Compensation Board. [Added 2-23-98 by Ord. No. 98-6]

10.

INVESTIGATION OF FINANCIAL STATUS OF DEFENDANT. [Added 2-23-98 by

Ord. No. 98-6]

The Municipal Court shall make an investigation of the financial status of each defendant

seeking representation pursuant to this act and shall have the authority to require a defendant to

execute and deliver written requests or authorizations required under applicable law to provide the

court with access to records of public or private sources, otherwise confidential, as may be of aid in

evaluating eligibility. The court is authorized to obtain information from any public record office of the

State or of any subdivision or agency thereof on request and without payment of the fees ordinarily

required by law.

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