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Bill

A 2833

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

2024-2025 Regular Session Introduced by Yvonne Lopez and 5 co-sponsors

Requires municipal courts to notify applicants about the municipal public defender application fee (up to $200) and the waiver process, ensuring no extra charges.

Introduced in the Assembly, Referred to Assembly Judiciary Committee
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Bill Summary · A 2833

Summary of New Jersey A-2833

Purpose

A-2833 requires municipal courts to provide notice to applicants for municipal public defender representation about any application fee and the process to waive that fee if the applicant cannot pay. The bill clarifies that no additional fee beyond those permitted by existing law may be charged for municipal public defender services.

Key Provisions

  • Applicability: Applies to municipalities that require by ordinance an applicant for municipal public defender representation to pay an application fee.
  • Notice Requirement: The municipal court must give notice to all applicants of (a) the existence of the application fee and (b) the process to waive the fee if the applicant is unable to pay.
  • Fee Limitation: No fee other than the amount permitted under current law may be assessed for municipal public defender representation.
  • Reference to Current Law: The bill works within the framework of N.J.S.A. P.L.1997, c.256 (C.2B:24-17), which allows a municipal ordinance-imposed application fee of up to $200 to cover the costs of municipal public defender services. The court may waive the fee if the applicant demonstrates, by clear and convincing evidence, that payment would be an unreasonable burden.
  • Effective Date: The act would take effect 60 days after enactment.

Impact and who is Affected

  • Affected Parties: Applicants seeking municipal public defender representation in municipalities that have an ordinance requiring an application fee for such representation, and the municipal courts administering these notices.
  • Impact: Enhances transparency and access by ensuring potential applicants are informed about the fee and the waiver process, potentially reducing barriers to obtaining public defender services for those with limited means. It does not increase the allowable fee but ensures information and waiver options are clearly communicated.

Legislative Context

  • Status: Introduced in the New Jersey General Assembly on January 9, 2024 and referred to the Assembly Judiciary Committee.
  • Related Legislation: Companion bill S 1573 (Senate) exists.

Timeline

  • Effective Date: 60 days after enactment.
  • Current Status: Awaiting further consideration by the Assembly Judiciary Committee.

Compiled from official sources — confirm details with the bill’s official record.

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