Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:158-20. Suspension, discharge or decrease of compensation of secretaries and stenographers L.1939, c. 271, p. 694, section 2 of an act entitled "An Act providing for and regulating tenure of office and service for persons holding secretarial and stenographic positions in the o…

2A:158-21. Prohibited political activity of county prosecutors, assistant prosecutors or legal assistants No county prosecutor, assistant prosecutor or legal assistant to a prosecutor, while holding any such office or position, shall (1) be a candidate for election to, or hold, a…

2A:158-22 Removal of certain information from websites concerning prosecutions by county prosecutors. 2. a. For all indictments and prosecutions by the county prosecutor of persons who were thereafter acquitted of all criminal charges against them arising from the indictment or p…

2A:158-3. Oath of prosecutors 2A:158-3. Every person appointed county prosecutor shall, before entering upon the duties of his office, take and subscribe before the clerk of the county for which he has been appointed, or before a judge of the Superior Court, the following oath: "…

2A:158-4. Exclusive jurisdiction of prosecutors over criminal business; exceptions The criminal business of the State shall be prosecuted by the Attorney General and the county prosecutors. L.1951 (1st SS), c.344; amended by L.1970, c. 74, s. 20, eff. May 21, 1970.

2A:158-5. Powers, duties and liabilities of prosecutors Each prosecutor shall be vested with the same powers and be subject to the same penalties, within his county, as the attorney general shall by law be vested with or subject to, and he shall use all reasonable and lawful dili…

2A:158-6. Fees of prosecutors The same fees shall be payable for the services of prosecutors as are by law made payable for similar services of the attorney general. L.1951 (1st SS), c.344.

2A:158-7 Expenses of prosecutor in enforcement of laws. 2A:158-7. Except as provided in section 2 of P.L.2019, c.233 (C.2A:158-7.1), all necessary expenses incurred by the prosecutor for each county in the detection, arrest, indictment and conviction of offenders against the laws…

2A:158-7.1 Reimbursement for certain expenses of office of county prosecutor. 2. The State Treasurer shall reimburse the county treasurer for expenses incurred prior to and following the effective date of P.L.2019, c.233 (C.2A:158-7.1 et al.) by the office of the county prosecuto…

2A:158-8. Expenses of prosecutors in enjoining nuisances under federal law 2A:158-8. Whenever the prosecutor of any county shall bring an action, as authorized by the laws of the United States, to enjoin a nuisance as defined by the laws of the United States, all necessary expens…

2A:158-9. Temporary prosecutors; appointment by court; powers; compensation 2A:158-9. In the absence of the attorney general and of the county prosecutor, at any session of the Superior Court, the Assignment Judge of the Superior Court may appoint a fit person to prosecute the pl…

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 a…

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 defe…

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…

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 degr…

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 st…

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 pri…

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 Def…

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 …

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 fact…

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 th…

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. Th…

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…

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 …

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 O…

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…

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 consen…

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 …

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, o…

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…

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 assi…

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, o…

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 t…

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…

2A:159A-1. Agreement on detainers; findings of party states; purpose The agreement on detainers is hereby enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form substantially as follows: AGREEMENT ON DETAINERS The contract…

2A:159A-10. "Appropriate court," definition The phrase "appropriate court" as used in the agreement on detainers shall, with reference to the courts of this State, mean any court with criminal jurisdiction. L.1958, c. 12, p. 42, s. 2.

2A:159A-11. Enforcement of agreement; co-operation All courts, departments, agencies, officers and employees of this State and its political subdivisions are hereby directed to enforce the agreement on detainers and to co-operate with one another and with the other party States i…

2A:159A-12. Delivery of prisoner The warden or other official in charge of any penal or correctional institution in this State shall give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers. L.1958, c. 12, p. 42, s. 4.

2A:159A-13. Escape from custody; offense; punishment Escape from custody while in another State pursuant to the agreement on detainers shall constitute an offense against the laws of this State to the same extent and degree as an escape from the institution in which the prisoner …

2A:159A-14. Central administrator and information officer; designation; powers; tenure Pursuant to said agreement, the Governor is hereby authorized and empowered to designate an officer or alternate who shall be the central administrator of and the information agent for the agre…

2A:159A-15. Transmittal of copies of act Duly authenticated copies of this act shall, upon its approval, be transmitted by the Secretary of State to the Governor of each State, the Attorney-General and the Administrator of the General Services Administration of the United States,…

2A:159A-2. Definitions ARTICLE II As used in this agreement: (a) "State" shall mean a State of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. (b) "Sending State" shall mea…

2A:159A-3. Request for final disposition of pending indictment, information or complaint; certificate of officer having custody; procedure; failure to commence trial; dismissal; waiver of extradition; escape ARTICLE III (a) Whenever a person has entered upon a term of imprisonmen…

2A:159A-4. Request for temporary custody or availability of prisoner; procedure; time for commencing trial; failure to try; dismissal ARTICLE IV (a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled t…

2A:159A-5. Offer of temporary custody; procedure; duty of receiving state; nature of temporary custody; return of prisoner; running of sentence; custody of sending state; costs ARTICLE V (a) In response to a request made under Article III or Article IV hereof, the appropriate aut…

2A:159A-6. Inability of prisoner to stand trial; tolling of time periods; inapplicability of agreement to mentally ill persons ARTICLE VI (a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of sai…