CORRECTED COPY

LEGISLATIVE FISCAL ESTIMATE

SENATE, No. 1670

STATE OF NEW JERSEY

222nd LEGISLATURE

 

DATED: JULY 8, 2026

 

 

SUMMARY

 

Synopsis:

Removes municipal authority to charge application fee for representation by municipal public defender.

Type of Impact:

Annual local revenue decreases.  Potential State expenditure decrease.

Agencies Affected:

Municipalities; the Judiciary.

 

 

Office of Legislative Services Estimate

Fiscal Impact

 

Annual 

 

 

Local Revenue Decrease

 

Up to $2.0 million

 

 

Potential State Expenditure Decrease

 

Indeterminate

 

 

 

·         The Office of Legislative Services (OLS) finds that removing municipal authority to charge an application fee for representation by a municipal public defender may result in a collective revenue loss to municipalities across the state of up to $2.0 million annually. 

·         This estimate is based on the calendar year 2025 statewide revenue collections of $1.7 million, which information was provided by the Judiciary. 

·         The State Judiciary collects the application fee on behalf of concerned municipalities and forwards collections to the municipalities.  Consequently, the abolition of the fee would reduce the administrative responsibilities of the Judiciary, which may result in annual cost savings to the Judiciary.

 

 

BILL DESCRIPTION

 

      This bill repeals the law permitting a municipality to impose an application fee for a person applying for representation by a municipal public defender.

      Under current law, a municipality is permitted to impose, by ordinance, an application fee of up to $200 on any person applying for representation by a municipal public defender.  A court is permitted to waive any required application fee, in whole or in part, if the court determines that the application fee represents an unreasonable burden on the person seeking representation.

      This bill would repeal this statute and thus remove the authority of a municipality to impose such fee.

 

 

FISCAL ANALYSIS

 

JUDICIAL BRANCH

 

      According to the Judiciary, in calendar year 2025, some $1.7 million in application fee revenue was collected.

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS finds that removing municipal authority to charge an application fee for representation by a municipal public defender may result in a collective revenue loss to municipalities across the state of up to $2.0 million annually.  This estimate is based on the calendar year 2025 statewide revenue collections of $1.7 million, which information was provided by the Judiciary.  To account for potential fluctuation in year-to-year revenue collections, the OLS estimates an annual maximum revenue loss of $2.0 million.

      The OLS notes that these revenues are utilized for municipal public defender services.  The revenues collected from the application fees are deposited in a dedicated fund administered by the chief financial officer of the municipality, or in the case of a joint municipal court in a manner agreed to by the constituent municipalities.  Pursuant to current law, these funds are used to meet the costs incurred in providing services of a municipal public defender including, when required, expert and lay investigation and testimony. 

 

 

Section:

Judiciary

Analyst:

Anuja Pande Joshi

Senior Fiscal Analyst

Approved:

Thomas Koenig

Legislative Budget and Finance Officer

 

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).