Public defender service fees will be no more in New Jersey.
That’s following the June 30 signing of A-5587/S-3771 by Gov. Phil Murphy. The legislation will remove fees, liens, and warrants issued for public defender services within the state.
“The right to an attorney should be a universal right for those who are navigating our criminal justice system,” said Murphy.
The Governor proposed eliminating public defender fees as part of the Fiscal Year 2024 budget; about $4 million was allocated to implement the bill.
Eliminating Current and Prior Fees
“For too long, we have witnessed many residents suffer from the steep prices of a public defender, many times causing them to go into debt just to cover their legal fees, and disproportionately affecting people of color,” said Murphy.
The bill not only eliminated such fees going forward, but applied them retroactively to all unpaid outstanding costs previously assessed or imposed upon a dependent.
State Sen. Nellie Pou (D-35) spoke to how the bill would ensure that all defendants, including those of limited means, would have access to legal services.
Pou Power
“The Constitution guarantees any criminal defendant the right to an attorney. This guarantee is one of the bedrocks of our justice system, and is emblematic of the values set forth in our founding document,” said Pou (D-35).
Unsatisfied civil judgments, liens on property, and warrants based on unpaid balances would also see fees for services rendered by the Office of the Public Defender.
“I am grateful to our legislative partners who recognize the significant toll public defender fees have on those awaiting a verdict and share this Administration’s goal to create a fairer criminal justice system in our state,” the Governor added.
Fees of $150
Previously, public defender clients were assessed fees starting at $150 and escalating based on a number of factors.
The effort to eliminate these fees was spearheaded by the Wealth Disparity Task Force, which heard of the issue during listening sessions about the challenges of wealth building affecting Black and Hispanic or Latino New Jersey residents.
