N.J. Stat. tit. 2A, ch. 158A

in effect

N.J. Stat. § 2A:158A-1 Declaration of state policy

It is hereby declared to be the policy of this State to provide for the realization of the constitutional guarantees of counsel in criminal cases for indigent defendants by means of the system and program established and authorized by this act to the end that no innocent person shall be convicted, and that the guilty, when convicted, shall be convicted only after a fair trial according to the due process of the law. L.1967, c. 43, s. 1, eff. July 1, 1967.

N.J. Stat. § 2A:158A-2 "Indigent defendant" defined

As used herein "indigent defendant" means a person who is formally charged with the commission of an indictable offense, and who does not have the present financial ability to secure competent legal representation, as determined by the factors in section 14 of P.L. 1967, c. 43 (C. 2A:158A-14), and to provide all other necessary expenses of representation. Amended by L. 1987, c. 170, s. 1.

N.J. Stat. § 2A:158A-3 Establishment of the Office of the Public Defender.

3. There is hereby established in the Executive Branch of the State Government the Office of the Public Defender. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of the Public Defender is hereby allocated within the Department of the Treasury, but, notwithstanding said allocation, the office shall be independent of any supervision or control by the department or by any board or officer thereof. L.1967, c.43, s.3; amended 1974, c.27, s.9; 1994, c.58, s.7; 2010, c.34, s.2.

N.J. Stat. § 2A:158A-4 Public defender; appointment; term; salary; vacancy

The head of the office shall be the Public Defender, who shall be an attorney-at-law of this State and experienced in the practice of law in this State. He shall be appointed by the Governor with the advice and consent of the Senate for a term of 5 years and until the appointment and qualification of his successor. He shall devote his entire time to the duties of his office and shall receive such salary as shall be provided by law. Any vacancy occurring in the office of the Public Defender shall be filled in the same manner as the original appointment, but for the unexpired term only. L.1967, c. 43, s. 4, eff. July 1, 1967.

N.J. Stat. § 2A:158A-5 Duties of public defender.

5. It shall be the duty of the Public Defender to provide for the legal representation of any indigent defendant who is formally charged with the commission of an indictable offense without expense to the defendant. All necessary services and facilities of representation (including investigation and other preparation) shall be provided in every case. The factors of need and real value to a defense may be weighed against the financial constraints of the Public Defender's office in determining what are the necessary services and facilities of representation. Representation as herein provided for shall include any direct appeal from conviction and such post-conviction proceedings as would warrant the assignment of counsel pursuant to the court rules. Representation for indigent defendants (a) may be provided in any federal court in any matter arising out of or relating to an action pending or recently pending in a court of criminal jurisdiction of this State and (b) may be provided in any federal court in this State where indigent defendants are charged with the commission of a federal criminal offense and where the representation is under a plan adopted pursuant to the Criminal Justice Act of 1964 (18 U.S.C. s. 3006A). The Public Defender also shall provide for the legal representation of any eligible inmate who is serving a custodial prison sentence and requests assistance in petitioning the Superior Court for compassionate release in accordance with section 1 of P.L.2020, c.106 (C.30:4-123.51e). L.1967, c.43, s.5; amended 1987, c.170, s.2; 2020, c.106, s.2; 2023, c.69, s.1.

N.J. Stat. § 2A:158A-5.2 Offenses and violations; legal representation

The Public Defender shall in the manner prescribed by P.L.1967, c. 43 (C. 2A:158A-1 et seq.) provide for the legal representation of any person charged with a disorderly persons offense or with the violation of any law, ordinance or regulation of a penal nature where there is a likelihood that the persons so charged, if convicted, will be subject to imprisonment or, in the opinion of the court, any other consequence of magnitude. L.1974, c. 33, s. 3.

N.J. Stat. § 2A:158A-5.3 Office of the Public Defender, unit established, representation, parole revocation, violation.

1. There is hereby established, within the Office of the Public Defender, a unit which shall provide for the legal representation of any person on parole from a correctional institution of this State or otherwise under the parole supervision of this State who is charged with violation of that parole or who is under consideration for revocation of parole. L.2023, c.157.

N.J. Stat. § 2A:158A-6 Deputy and assistant public defenders; appointment; salary

The Public Defender shall appoint deputy public defenders and assistant deputy public defenders in such number as he shall require to assist him in the performance of the duties of his office. Deputies and assistant deputies shall be attorneys-at-law of this State, shall serve at the pleasure of the Public Defender and shall receive such salaries as he shall from time to time designate. L.1967, c. 43, s. 6, eff. July 1, 1967.

N.J. Stat. § 2A:158A-7 Powers, responsibilities of public defender

7. The Public Defender shall: (a) Appoint such investigators, stenographic and clerical assistants and other personnel as may be required for the conduct of the office, subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes, and other applicable statutes; (b) Establish and maintain suitable headquarters for the office and such regional quarters within the State as the Public Defender shall deem necessary for the proper functioning of the office; (c) Maintain one or more trial pools of lawyers who shall be available to serve as counsel on a case basis as needed; (d) Engage counsel from said trial pools on a case basis as may be necessary for the proper performance of the duties of the office and compensate them for their services; (e) Accept the services of volunteer workers or consultants at no compensation or at nominal or token compensation and reimburse them for their proper and necessary expenses; (f) (Deleted by amendment, P.L.1972, c.168); (g) Keep and maintain proper financial records and records in respect to particular cases handled and develop records for use in the calculation of direct and indirect costs of all or any aspect of the operation of the office; (h) On the basis of available data or estimates to prepare schedules of rates from time to time of amounts to be paid for services rendered other than by the staff, taking into account the nature of the services, the time involved, trouble and risk, the skill and experience required, and other pertinent factors; (i) Have a general responsibility for the operation of the office; (j) Formulate and adopt rules and regulations as are necessary to effectuate the purposes of this act and for the efficient conduct of the work and general administration of the office, its professional staff and other employees; (k) Be the request officer of the office within the meaning of such term as defined in P.L.1944, c. 112; (l) Have the authority to make all necessary arrangements to coordinate services to the office with any federal program to provide counsel to the indigent, and to arrange for the receipt by the office, wherever possible, of sums allowable under such federal program, whether by direct allowance, by assignment or transfer, or otherwise; (m) Have the authority to solicit, apply for and expend grants, donations, or other funds available from the federal government or private foundations as may be available to support the programs of the office; and (n) Assume responsibility for representation in litigation formerly handled by the Office of Inmate Advocacy in the Department of the Public Advocate that is pending on the effective date of P.L.1994, c.58 (C.52:27E-50 et al.). L.1967,c.43,s.7; amended 1970,c.308; 1972,c.168; 1994,c.58,s.9.

N.J. Stat. § 2A:158A-8 Lawyers to represent defendants on case basis; selection

In selecting deputy public defenders and assistant deputy public defenders or lawyers to be available to represent defendants on a case basis, the Public Defender shall make his selections on a basis calculated to provide the respective defendants with competent counsel in the light of the nature, complexity and other characteristics of the cases, the services to be performed, the status of the matters, and other relevant factors. L.1967, c. 43, s. 8, eff. July 1, 1967.

N.J. Stat. § 2A:158A-9 Case workload; division; employment of counsel

To achieve a proper balance between the services to be provided pursuant to this act and the efficiency of the operation as a whole, as well as to stimulate the continual development of professional experience and interest in the administration of criminal justice, the Public Defender shall divide the case workload of the office between the professional staff and the trial pool or pools. In any case where the matter involved requires some special experience or skill not available on the professional staff, the Public Defender shall engage counsel on a case basis, and shall assign a suitable member of the staff to the extent feasible to assist counsel so engaged. Counsel shall also be engaged on a case basis whenever needed to meet case load demands, or to provide independent counsel to multiple defendants whose interests may be in conflict. L.1967, c. 43, s. 9, eff. July 1, 1967.

N.J. Stat. § 2A:158A-10 Contracts authorizing private or public organizations to execute functions of public defender

The Public Defender is authorized to enter into contracts from time to time with private or public organizations that are equipped to provide legal services for indigent defendants or to execute any lawful functions of the office of the Public Defender, as occasion may require. Every such contract shall require that the level and quality of the work shall be at least equal to that of the office of the Public Defender, and that all services rendered thereunder shall be under the control and supervision of the Public Defender. L.1967, c. 43, s. 10, eff. July 1, 1967.

N.J. Stat. § 2A:158A-11 Duties of staff members and others engaged on case basis

The primary duty of all members of staff and of others engaged on a case basis shall be to the individual defendant, with like effect and to the same purpose as though privately engaged by him and without regard to the use of public funds to provide the service. This shall not preclude the designation or assignment of different individuals to perform various parts of the service from time to time, the duty in such cases to be the same as would exist in the case of a privately engaged law firm. L.1967, c. 43, s. 11, eff. July 1, 1967.

N.J. Stat. § 2A:158A-12 Attorney-client privilege

All communications between the individual defendant and any person in or engaged by the Office of the Public Defender whether on a case basis or by contract shall be fully protected by the attorney-client privilege to the same extent and degree as though counsel has been privately engaged. This shall in no way preclude the use by the office of material in its files, otherwise privileged, for the preparation and disclosure of statistical, case study and other sociological data, provided always that in any such use there shall be no disclosure of identity or of means for discovery of identity of particular defendants. L.1967, c. 43, s. 12, eff. July 1, 1967.

N.J. Stat. § 2A:158A-13 Standards and level of performance of attorneys providing legal services

In providing legal services to defendants pursuant to this act, the Office of the Public Defender and every attorney actually engaged in the performance of the same, whether as a member of the staff or engaged on a case basis or otherwise, shall adhere at all times to the standards and level of performance established from time to time by the Supreme Court of New Jersey in the execution of its duty to supervise the practice of law; and the office shall furnish to such court materials and data as may be requisite to the measurement of the adequacy of the performance hereunder. L.1967, c. 43, s. 13, eff. July 1, 1967.

N.J. Stat. § 2A:158A-14 Determination of need

Eligibility for the services of the Office of the Public Defender shall be determined on the basis of the need of the defendant. Need shall be measured according to: a. The financial ability of the defendant to engage and compensate competent private counsel; b. The current employment, salary and income of the defendant including prospects for continued employment if admitted to bail; c. The liquid assets of the defendant, including all real and personal property and bank accounts; d. The ability of the defendant to make bail and the source of bail posted; e. Where appropriate the willingness and ability of the defendant's immediate family, friends or employer to assist the defendant in meeting defense costs; f. Where appropriate an assessment of the probable and reasonable costs of providing a private defense, based upon the status of the defendant, the nature and extent of the charges and the likely issues; g. Where appropriate, the ability of the defendant to demonstrate convincingly that he has consulted at least three private attorneys, none of whom would accept the case for a fee within his ability to pay; and h. The ability of the defendant to provide all other necessary expenses of representation. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the office shall undertake the same provisionally, and if it shall subsequently be determined that the defendant is ineligible it shall so inform the defendant, and the defendant shall thereupon be obliged to engage his own counsel and to reimburse the office for the cost of the services rendered to that time. Amended by L. 1987, c. 170, s. 3.

N.J. Stat. § 2A:158A-15.1 Investigation of finances of indigent defendants.

4. In each county, the Assignment Judge shall designate a judge or court support office who shall make an investigation of the financial status of each defendant requesting the services of the Office of the Public Defender and make a determination whether to grant the request for an appointed attorney. A determination to grant or deny the services of the Public Defender shall be subject to final review by the Assignment Judge or his designated judge. The court, or a designated court support office shall make an investigation of the financial status of each defendant requesting an appointed attorney, which investigation shall include the factors enumerated in section 14 of P.L. 1967, c. 43 (C. 2A:158A-14). The court, in its discretion, may ask for the assistance of the Public Defender in conducting the investigation. The judge or court support office is authorized to obtain information from any public record office of the State or of any subdivision or agency thereof on request and without payment of the fees ordinarily required by law. L.1987,c.170,s.4; amended 1998, c.77, s.1.

N.J. Stat. § 2A:158A-15.2 Pilot project

Within 30 days of the effective date of this section, the Administrative Office of the Courts shall establish a system in one or more counties and the Assignment Judge, through a designated judge or court support office shall be responsible for making eligibility determinations for the services of the Office of the Public Defender in that county. The purpose of the pilot project is to enable the Judiciary to develop a program for Statewide implementation and to gauge the fiscal impact of assuming responsibility for making eligibility determinations. L. 1987, c. 170, s. 5.

N.J. Stat. § 2A:158A-21.1 Unpaid outstanding balance, services rendered, Public Defender, unenforceable, uncollectable.

2. On or after the effective date of P.L.2023 c.69 (C.2A:158A-21.1 et al.): a. Any unpaid outstanding balance of court-ordered fees for services rendered by the Office of the Public Defender shall be unenforceable and uncollectable and any portion of a judgement that imposes fees shall be vacated. b. All unsatisfied civil judgements based on court-ordered fees for services rendered by the Office of the Public Defender are deemed to be null and void and shall be vacated and discharged. c. All warrants issued solely based on the alleged failure to pay or to appear on a court date set for the sole purpose of payment of statutory or court-ordered fines, fees, costs, or other monetary penalties previously assessed or imposed for services rendered by the Office of the Public Defender shall be reviewed and vacated consistent with the provisions of P.L.2023 c.69 (C.2A:158A-21.1 et al.). d. Any outstanding liens entered, in accordance with the provisions of sections 17 and 18 of P.L.1967, c.43 (C.2A:158A-17 and C.2A:158A-18), on any and all property to which the defendant shall have or acquire an interest, are deemed to be null and void and shall be vacated and discharged by the Office of the Public Defender, pursuant to the provisions of section 30 of P.L.1993, c.318 (C.2A:44A-30). L.2023, c.69, s.2.

N.J. Stat. § 2A:158A-22 Annual report

The Office of the Public Defender shall report annually to the Legislature, the Governor and the Supreme Court. Such report may be combined with that of any other body, agency or study group engaged in reviewing the administration of criminal justice. The report shall include all pertinent data on the operations of the office, the costs, projected needs, and to the extent experience may indicate, recommendations for statutory changes, including changes in the criminal law or changes in court rules, all as may be appropriate to the improvement of the system of criminal justice, the control of crime, the rehabilitation of offenders, and other related objectives. L.1967, c. 43, s. 22, eff. July 1, 1967.

N.J. Stat. § 2A:158A-23 Oaths and affirmations

The Public Defender, the deputy public defender, the assistant deputy public defenders and investigators attached to the Office of the Public Defender shall have the power to administer oaths and affirmations in relation to any matter within the jurisdiction of the Office of the Public Defender. L.1968, c. 371, s. 2, eff. Dec. 27, 1968.

N.J. Stat. § 2A:158A-24 Juvenile delinquent or juvenile in need of supervision; legal representation

Except as hereinafter provided, the Public Defender shall in the manner prescribed by P.L.1967, c. 43 (C. 2A:158A-1 et seq.) provide for the legal representation of any person who is charged as a juvenile delinquent or as a juvenile in need of supervision and where in the opinion of the juvenile judge the prosecution of the complaint may result in the institutional commitment of such person. L.1968, c. 371, s. 3. Amended by L.1974, c. 33, s. 1, eff. May 31, 1974.

N.J. Stat. § 2A:158A-26 Eligibility for representation by Public Defender, certain juveniles.

1. Any person under the age of 18 years arrested or charged with an indictable offense or act of delinquency shall automatically be eligible, at no expense to that person, for representation by the Office of the Public Defender. L.2021, c.383, s.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026