New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A662

Introduced
1/11/22  

Caption

Requires notice to be provided by municipal court to applicant for public defender of fee and process to waive fee for inability to pay.

Impact

The bill has significant implications for state law as it seeks to amend existing legislation governing municipal public defender services. Specifically, the existing law allows municipalities to impose an application fee of up to $200 for public defender representation. A662 aims to mitigate potential barriers for low-income defendants by mandating that courts provide clear information regarding these fees and the conditions under which they may be waived. By doing so, the bill supports the principle of equitable legal representation regardless of an applicant's financial status.

Summary

Assembly Bill A662 aims to enhance access to legal representation by ensuring that individuals applying for municipal public defender representation are adequately informed about any application fees and the process to waive these fees in cases where they cannot afford them. This bill sets a requirement for municipal courts to notify applicants about the fees and the waiver process, thereby promoting transparency and accessibility in the legal system.

Contention

There may be points of contention surrounding A662, particularly concerning the imposition of fees for public defender services. Although supporters argue that notifying applicants fosters fairness and aids those in need of legal support, critics may assert that any form of fee—however small—could deter individuals from seeking the legal help they require. Additionally, the financial burden, even when potentially waivable, could disproportionately affect marginalized communities, leading to debates on whether such fees undermine the overarching goal of providing accessible legal representation.

Companion Bills

NJ S4151

Same As Requires notice to be provided by municipal court to applicant for public defender of fee and process to waive fee for inability to pay.

Previously Filed As

NJ A2833

Requires notice to be provided by municipal court to applicant for public defender of fee and process to waive fee for inability to pay.

NJ S1573

Requires notice to be provided by municipal court to applicant for public defender of fee and process to waive fee for inability to pay.

NJ S4151

Requires notice to be provided by municipal court to applicant for public defender of fee and process to waive fee for inability to pay.

NJ A2750

Lowers standard of evidence needed to waive public defender application fee and increases fee limit.

NJ A5639

Removes municipal authority to charge application fee for representation by municipal public defender.

NJ S4396

Removes municipal authority to charge application fee for representation by municipal public defender.

NJ A115

Provides for early termination of terms of office for certain appointed municipal court positions when two or more municipalities enter into agreements to establish joint or shared municipal courts.

NJ A3387

Provides for early termination of terms of office for certain appointed municipal court positions when two or more municipalities enter into agreements to establish joint or shared municipal courts.

NJ A1868

Permits counties to establish a central municipal drug court.

NJ A2539

Provides for county-municipal courts with limited, countywide jurisdiction.

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