TRENTON, NJ — Thousands of New Jerseyans face an impossible choice: defend themselves against criminal charges or go into debt. That’s because municipal courts across the state charge up to $200 just to apply for a public defender, according to a new report released today by New Jersey Policy Perspective (NJPP).
The report, The $200 Barrier to Justice: Why NJ Must Eliminate Municipal Public Defender Fees, finds that while 90 percent of New Jersey defendants cannot afford attorneys, municipalities continue to charge application fees that generate almost nothing in revenue while deepening poverty and disproportionately harming Black and Latinx residents.
“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 the report’s author. “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.”
Key findings from the report include:
- Minimal revenue, maximum harm: In East Orange, public defender fees generated only $3,523 in 2024, representing 0.002 percent of the city’s $182.4 million budget.
- 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.
In 2023, Governor Murphy signed legislation eliminating public defender fees for felony cases after advocacy from NJPP and partner organizations. However, people facing charges in municipal court can still be required to pay up to $200 just to apply for 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’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.
Municipalities like Jersey City have already eliminated these fees without budget crises. Neighboring states including New York and Pennsylvania do not charge public defender 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 is available at njpp.org.
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