Bill S-4396 was heard before the Senate Judiciary on December 15. The bill concerns municipal public defenders and repeals N.J.S.A. 2B:24-17.
Currently, pursuant to the statute, 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 may 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 seeks to repeal this statute and remove the authority of municipalities to impose such fees. It is set to take effect immediately upon enaction.
S-4396 was reported out of the Senate Judiciary Committee after a second reading on December 12. It was referred to the Senate Budget and Appropriations Committee.
A-5639, its Assembly companion, was introduced and referred to the Assembly Judiciary Committee on May 8.
The League opposes this legislation as unnecessary since judges already have discretion to waive the application fee under the current statute. The League will continue to monitor and provide updates as necessary.
Contact: Sadayah Q. DuRant-Brown, Legislative Counsel, sdurantbrown@njlm.org, 609-695-3481, x137.