Thousands of people in New Jersey are facing a difficult decision between defending themselves in court or taking on debt, according to a new report from New Jersey Policy Perspective (NJPP). The report, titled “The $200 Barrier to Justice: Why NJ Must Eliminate Municipal Public Defender Fees,” highlights that municipal courts across the state charge up to $200 for residents to apply for a public defender.
The report finds that about 90 percent of defendants in New Jersey cannot afford an attorney. Despite this, municipalities continue to collect application fees that generate little revenue but increase financial hardship, especially among Black and Latinx communities.
“Everyone has the constitutional right to a lawyer when accused of a crime, but for many in New Jersey, that right is behind a paywall,” said Marleina Ubel, Senior Policy Analyst at NJPP and author of the report. “These fees trap people in cycles of debt while bringing in virtually nothing for municipalities. It’s a lose-lose situation that harms families and undermines justice.”
In 2023, Governor Murphy signed legislation removing public defender fees for felony cases after advocacy from NJPP and other organizations. However, those facing charges in municipal court may still have to pay up to $200 just to apply for legal representation.
“As a former contract attorney with the Office of the Public Defender, I have seen firsthand how these application fees impose barriers to defendants’ constitutional rights,” said District 32 Assemblywoman Jessica Ramirez. “$200 may not seem like much to the average person, but that is a devastating fee for someone living in abject poverty. I am proud to represent a city that is leading the way on this critical issue, and I am proud to sponsor this legislation to bring this reform statewide.”
“New Jersey undermines the constitutional right to counsel when municipalities impose financial barriers to accessing public defenders, disproportionately harming low-income communities and communities of color,” said ACLU-NJ Policy Fellow Lauren Aung. “Justice should not be hidden behind a paywall. By eliminating these fees, our state can ensure that the constitutional right to counsel is accessible to all and build a more equitable criminal legal system.”
NJPP recommends that lawmakers pass legislation prohibiting municipalities from charging these application fees. This would involve changing state law so municipal public defender costs are covered by state funding and increasing transparency about access and outcomes related to public defenders.
Some municipalities such as Jersey City have already removed these fees without experiencing budget problems. Other states nearby—including New York and Pennsylvania—do not charge similar application fees.
“Jersey City and other municipalities have shown this is possible,” said NJPP President Nicole Rodriguez. “New Jersey must follow suit and guarantee that justice is truly accessible to everyone, not only to those who can afford it.”
The full report can be found at njpp.org.
