Relates to consultation with affected parties on certain projects

2025 Regular Session Introduced by Leroy Comrie

The bill repeals the ability to charge an application fee for municipal public defender services, removing the financial barrier to obtaining counsel.

REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Basic information

Bill number: S 4396

Title (as introduced): An Act concerning municipal public defenders and repealing section 17 of P.L.1997, c.256.

Status: Referred to the Senate Corporations, Authorities and Commissions (introduced May 19, 2025).

Sponsor: Leroy Comrie (primary).

Related bills: A 5639 (companion); prior-session S bills listed (e.g., S 3871, S 7260, S 6249, S 2788, S 5831, S 6286).

What the bill would do

The bill repeals Section 17 of P.L.1997, c.256 (C.2B:24-17), which currently authorizes municipalities to impose an application fee of up to $200 on individuals seeking representation by a municipal public defender.

By repealing this statute, municipalities would lose the authority to collect such application fees.

The act takes effect immediately upon enactment.

Key provisions

Repeal of the fee authority: Section 17 of P.L.1997, c.256 (C.2B:24-17) is repealed.

Effective date: The repeal takes effect immediately.

Context within current law

Under existing law, municipalities may require an application fee (up to $200) for someone applying for municipal public defender representation. Courts may waive all or part of the fee if it would impose an unreasonable burden.

Who would be affected

Municipalities: They would no longer have the statutory authority to levy an application fee for municipal public defender services.

Applicants for municipal public defender representation: Would no longer face an application fee barrier to seeking counsel from a municipal public defender.

Courts: The specific mechanism for waivers tied to the application fee would become moot, as the fee authority would be repealed.

Procedural/timeline considerations

Introduced: May 19, 2025.

Referral: Senate Judiciary Committee (initial referral noted); status indicates ongoing review by the Corporations, Authorities and Commissions committee in earlier steps.

Companion measures: A 5639 (assembly companion) and several related Senate bills from prior sessions.

Potential impact (summary)

The bill reinforces the accessibility of the right to counsel by removing a financial barrier to obtaining municipal public defender services, aligning with the Sixth Amendment right to counsel. It shifts any potential administrative or fiscal considerations away from individuals seeking representation and onto broader municipal funding structures, though the bill itself does not specify alternate funding mechanisms.

Bill