New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S4151

Introduced
11/30/23  

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 intends to impact state laws governing municipal courts and public defense. By requiring municipalities to inform applicants about the fee and the waiver process, it enforces transparency and aids in ensuring that financial constraints do not hinder access to legal representation. The stipulated application fee can be up to $200, which municipalities may impose to cover the costs associated with public defender services. The ability of the court to waive this fee ensures that justice is accessible to those with financial difficulties.

Summary

Senate Bill 4151, introduced by Senator Shirley K. Turner, mandates that if a municipality requires an application fee for representation by a municipal public defender, the municipal court must provide notice about this fee and the process to waive it for those who cannot afford to pay. The bill aims to ensure that individuals who qualify for public defender services are informed of their financial obligations and the options available to them, thereby promoting fairness and accessibility in legal representation.

Contention

There may be points of contention surrounding the applicability of the fee and its waiver process. Critics might argue that even the existence of a fee could deter individuals from applying for necessary representation, thereby undermining the intent of providing adequate legal defense for all. Conversely, proponents of the bill could highlight that the fee is a necessary measure to cover municipal expenses related to public defense services while also providing a clear avenue for financial relief through the waiver process. Thus, balancing the fiscal realities of municipal courts with the rights of defendants could be a significant debate point.

Companion Bills

NJ A662

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 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 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 A662

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 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 A2750

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

NJ S3475

Requires NJTA and SJTA to provide written notice of toll violations and process for remedying violations prior to issuing administrative fee.

NJ A4525

Requires NJTA and SJTA to provide written notice of toll violations and process for remedying violations prior to issuing administrative fee.

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 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.

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