N.J. Admin. Code § 17:39-3.1

Current through Register Vol. 56, No. 8, April 15, 2024

Section 17:39-3.1 - Office of the Public Defender fees

(a) Pursuant to 2A:158A-7(j), 16, and 19, the Office of the Public Defender (OPD) will charge its clients for the cost of attorney services, investigation, expert witnesses, and other actual costs of representation.

(b) In all cases, the Office of the Public Defender will charge its clients a flat fee based on the case type and/or degree of crime. These rates will apply to all attorney and investigator services, including any litigation (experts and transcripts) expenses, provided by the OPD to provide representation to its clients pursuant to 2A:158A-7(d). As used in this subsection, "day" shall mean any court day during which any portion of the trial takes place to include jury selection at the front end and deliberations at the back end. The billing rates used in criminal cases are as follows:

1. Criminal Court (Adult):

i. Clients charged with 1st and 2nd degree crimes:

(1) Pre-indictment disposition: $ 250.00;

(2) Post-indictment disposition: $ 500.00;

(3) Trial (up to five days): $ 750.00; and

(4) Trial (every three days beyond initial five): $ 500.00; and

ii. Clients charged with 3rd and 4th degree crimes:

(1) Pre-indictment disposition: $ 150.00;

(2) Post-indictment disposition: $ 250.00;

(3) Trial (up to five days): $ 500.00; and

(4) Trial (every three days beyond initial five): $ 500.00;

2. Family Court (Juvenile Delinquency):

i. Clients charged with 1st and 2nd degree crimes:

(1) Disposition: $ 250.00;

(2) Trial (up to five days): $ 750.00; and

(3) Trial (every three days beyond initial five): $ 500.00; and

ii. Clients charged with 3rd and 4th degree crimes:

(1) Disposition: $ 150.00;

(2) Trial (up to five days): $ 500.00; and

(3) Trial (every three days beyond initial five): $ 500.00;

3. Drug Court:

i. Disposition: $ 250.00; and

ii. Program completion: $ 250.00;

4. Intensive supervision program: $ 100.00;

5. Special hearings unit: $ 200.00;

6. Title 9 child abuse and neglect cases: $ 500.00; and

7. Title 30 termination of parental rights cases: $ 750.00.

(c) In cases where the OPD does not represent the defendant, but provides ancillary services and/or transcripts to the defendant pursuant to Matter of Canady, 126 N.J. 486 (1991) or State v. Arenas, 126 N.J. 504 (1991), the actual cost will be billed to the defendant.

(d) The OPD will send the client a bill for all services rendered at the end of the case if the flat rate bill has not yet been paid.

(e) No client will be denied services based on inability to pay any OPD fee.

(f) Nothing in this section shall preclude a client from arranging with the OPD to make partial or installment payments of any fee. Pursuant to 2A:158A-20, the Public Defender or the Public Defender's designee may compromise and settle any fee claim whenever the financial circumstances of the client involved are such that, in the judgment of the Public Defender or the designee, the best interests of the State will be served by such compromise and settlement.

(g) Notwithstanding the provisions of (b) above, all cases closed prior to December 1, 2014, will be billed at the hourly rate of $ 30.00 per hour for attorney services, in- or out-of-court, $ 15.00 per hour for investigator services, and actual costs for litigation (experts and transcripts) expenses. All cases that are open on or after December 1, 2014, will be billed at the flat fee rate.

N.J. Admin. Code § 17:39-3.1

Amended by 46 N.J.R. 2374(a), effective 12/1/2014