SENATE, No. 4396

STATE OF NEW JERSEY

221st LEGISLATURE

INTRODUCED MAY 19, 2025

Sponsored by:

Senator  ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

SYNOPSIS

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

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning municipal public defenders and repealing section 17 of P.L.1997, c.256.

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    Section 17 of P.L.1997, c.256 (C.2B:24-17) is repealed.

     2.    This act shall take effect immediately.

STATEMENT

     This bill repeals the law permitting a municipality to impose an application fee for a person applying for representation by a municipal public defender.

     Under current law, N.J.S.A.2B:24-17, 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 is permitted to 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 would repeal this statute and thus remove the authority of a municipality to impose such fee.

     It is the sponsor's intent to remove any barrier, including the imposition of a fee, to a person's Sixth Amendment right under the U.S. Constitution, which guarantees individuals accused of crimes the right to counsel.