COSTSCOSTSCOSTSCOSTSCOSTS
(See also, INDIGENTS, PUBLIC DEFENDER,
this Digest)
I. AT THE TRIAL LEVEL
The county must meet the cost of criminal
prosecutions. N.J.S.A. 2A:158-7. See State v. Hermanns,
278 N.J. Super. 19 (App. Div. 1994) (in an appeal from
a municipal court ordinance violation, municipality
required to pay for transcript for indigent defendant).
If a change of venue is ordered, the costs of trial shall
be certified to the Assignment Judge of the county in
which the indictment was found or the accusation was
filed. R. 3:14-4.
The Office of the Public Defender is obligated to pay
all expenses necessary for the defense of indigents it
represents, as well as ancillary services for defendants who
retain private counsel, but are deemed indigent.
N.J.S.A. 2A:158A-5 provides in part that “all
necessary services and facilities of representation
(including investigation and other preparation) shall be
provided in every case.” See Matter of Cannady, 126 N.J.
486 (1991); Matter of Kaufman, 126 N.J. 499 (1991);
State v. Arenas, 126 N.J. 504 (1991).
The case of State v. Womack, 145 N.J. 576 (1996),
discussed costs in the context of a civil sanction, which
was later followed by a criminal penalty. The Court held
that if the sanction were punitive in nature, rather than
remedial, then double jeopardy could bar a criminal
action in the same matter. State v. Womack, 145 N.J. at
585.
The only costs that the clerk will award or impose
against the defendant in a municipal court matter are
those set forth in N.J.S.A. 22A:3-4. Fees allowed for
violations of N.J.S.A. 39:1-1 et seq. or of traffic
ordinances, at the discretion of the court, may reach
thirty dollars, but no more. For all other cases, at the
discretion of the court, court costs may reach, but not
exceed, thirty dollars. In municipal court proceedings,
the court imposes court costs of two dollars for every
violation of any statute or ordinance. For each fine,
penalty and forfeiture imposed and collected under
authority of law for any violation of N.J.S.A. 39:1-1 et seq.
or any other motor vehicle or traffic violation in the state,
the sum of $.50 is imposed. N.J.S.A. 22A:3-5 provides
that any fees/costs due must be paid within thirty days.
According to N.J.S.A. 22A:3-6, any person who defaults
on his or her payment may be imprisoned for one day for
each dollar owed.II. TAXED COSTS IN CRIMINAL APPEALS
Taxed costs on appeal are governed by R. 2:11-5.
The clerk of the Appellate Division can award taxed costs
either upon the court’s direction in an opinion or order
or upon the application of the prevailing party. An
affidavit or certification from the attorney is required.The clerk will not award costs against the State of
New Jersey. It is well settled that costs do not run against
the state in favor of a defendant in a criminal case in the
absence of a specific statute. See State v. Mulvaney, 61 N.J.
202 (1972); State v. Welch, 46 N.J. 57 (1965); State v.
Tilton, 131 N.J.L. 264 (Sup. Ct. 1944); State v. Borg, 9
N.J. Misc. 261 (Sup. Ct. 1931); State v. Kohns, 121 N.J.
Super. 284 (App. Div. 1972). There is no provision in the
New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 et
seq., or any other state statute which authorizes a criminal
defendant to collect costs from the State.