'$200 Barrier To Justice': NJ Needs To End Public Defender Fees, New Report Says

Everyone has the constitutional right to a lawyer when accused of a crime. But for many people struggling with debt in New Jersey, that right is hidden “behind a paywall,” a new report says.

Nonprofit advocacy group New Jersey Policy Perspective (NJPP) recently released a study that takes a look at the cost of applying for a public defender in the state.

According to the NJPP, Gov. Phil Murphy signed legislation eliminating public defender fees for felony cases in 2023. However, people facing charges in municipal court can still be required to pay up to $200 to apply for legal representation – and many towns and cities in New Jersey are trying to collect.

Judges may waive the fee, but only if they find significant evidence that the cost would be an unreasonable burden on the applicant – a process that is far from simple, the NJPP says.

Meanwhile, these fees generate “almost nothing” in revenue for local municipalities, advocates said.

For example, the City of East Orange collected $3,523 in public defender fees in 2024 – out of a $182.4 million budget.

Some New Jersey municipalities – including Jersey City – have already eliminated these fees without budget crises, the group said. Neighboring states including New York and Pennsylvania do not charge public defender application fees.

Other highlights from the report include:

• Collection costs exceed revenue – “Nationally, collecting public defense fees costs more than 95 percent of what is collected. New Jersey's own data suggests the state's collection system costs more to run than it generates.”
• Disproportionate harm to communities of color – “Black residents are more than 12 times as likely to be charged and convicted as white residents. In 2023, 53 percent of Black households and 52 percent of Latinx/Hispanic households did not make enough money to meet basic needs.”
• Families pay the price – “In 83 percent of cases, families or loved ones carry the burden of court debt, with women disproportionately affected as primary caregivers.”

The NJPP’s report calls on the New Jersey Legislature to pass legislation prohibiting municipalities from charging public defender application fees. This would require amending N.J. Stat. 2B:24-17(a), ensuring state funding covers municipal public defender costs, and requiring transparency in public defender access and outcomes.

“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, a senior policy analyst at NJPP.

“These fees trap people in cycles of debt while bringing in virtually nothing for municipalities,” Ubel said. “It's a lose-lose situation that harms families and undermines justice.”

Read the full report here.

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