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New NJ law ends fees, penalties for people using public defenders


By

David Giambusso

Published Jul 1, 2023


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Judge gavel, scales of justice and law books in court.

 

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By

David Giambusso

Published Jul 1, 2023


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New Jerseyans relying on public defenders will not have to pay fees associated with their lawyers after Gov. Phil Murphy signed a law Friday eliminating the fees and wiping out past costs associated with legal defenses for low-income and indigent residents.

The law moved through the Senate and Assembly in the waning days of Trenton’s legislative session and was signed by Murphy Friday night. It provides $4 million in the new budget adopted Friday and retroactively forgives any outstanding costs, along with any liens or warrants tied to public defender services.

“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,” Murphy said in a statement announcing his approval. “The elimination of these fees gives them the chance to defend themselves against charges without worry of their finances.”

The budget allocation will also boost pay for public defenders, the governor said.

According to a report by New Jersey Policy Perspective, a progressive think tank, New Jersey charged a minimum $150 fee for people using the services of the state Office of the Public Defender. In some cases people were on the hook for as much as $1,000.

“This is a huge win for the people of New Jersey that will move the constitutional right to an attorney out from behind a paywall,” said Marleina Ubel, who helped author the group’s report. “With this new law, New Jersey is one step closer to ensuring that justice is accessible to all, regardless of their socioeconomic status.”

The bill’s primary sponsors were State Sens. Nellie Pou and Andrew Zwicker, and Assemblymembers Annette Chaparro, Benjie Wimberly and Anthony Verrelli.

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