Legal Question in Traffic Law in New Jersey
I am a full time nursing student and a certified nurses aide. A municipal court judge is forcing me to get a job to pay a public defender. She is ordering me a 15 job job search or threatening me with jail time. What can I do? NJ Mt. Ephraim Twp
1 Answer from Attorneys
The Court may not force you to get a job to pay the public defender fee. The Court must assess your ability to pay and may assess a fee of up to $200 (or waive the fee) for a public defender. Unfortunately, the Court is outside of my area or I would help you pro bono (for free). I successfully handled similar case pro bono in my area. It baffles (and angers) me when NJ Municipal Courts make orders that seem to the public, like nothing more than "money grabs." You may appeal the Court's ruling on your own (go to the court and they should have the appeal forms) although hopefully, somebody takes up your cause pro bono.
For your information, the applicable statute is N.J.S.A. 2B:24-17(a) which provides that:
A municipality may require by ordinance a person applying for representation by a municipal public defender or court approved counsel to pay an application fee of not more than $200.00, but only in an amount necessary to pay the costs of municipal public defender services. 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. The municipal court may permit a person to pay the application fee over a specific period of time not to exceed four months.
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