[Amended 2-17-2004 by Ord. No. 3-2-2004]
The Township Attorney shall be appointed by the Council by a majority vote of its members for the term of one year from the first day of July of the year of his appointment and until his successor has been appointed and qualified. He shall be an attorney at law of New Jersey, but need not be a resident of the Township. In lieu of appointing an individual, the Council may appoint a firm of attorneys, all members of which shall be attorneys at law of New Jersey. The Attorney shall not receive a fixed salary but shall be paid such retainer as may be agreed upon and authorized by the Council, plus such fees and charges as shall be deemed reasonable.
The Attorney shall have such powers and perform such duties as are provided for the office of Township Attorney by general law or ordinances of the Township. He shall represent the Township in all judicial and administrative proceedings in which the municipality or any of its officers or agencies may be a party or have an interest. He shall give all legal counsel and advice where required by the Manager, Council or any member thereof, and shall in general serve as the legal advisor to the Council and Manager on all matters of Township business. In furtherance of such general powers and duties, but without limitation thereto, the Township Attorney shall:
Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the municipality.
Conduct appeals from orders, decisions or judgments affecting any interest of the Township as he may in his discretion determine to be necessary or desirable, or as directed by the Council.
Subject to the approval of the Township Council, have power to enter into any agreement, compromise or settlement of any litigation in which the Township is involved.
Render opinions in writing upon any question of law submitted to him by the Manager or Council or any member thereof with respect to his official powers and duties, and perform such duties as may be necessary to provide legal counsel to the Council and Manager in the administration of municipal affairs.
Supervise and direct the work of such additional attorneys and technical and professional assistants as the Council may authorize for special or regular employment in or for the municipality.
All papers, documents, memoranda, reports and all other materials relating to the administration of the legal duties of the Township Attorney shall be and remain the property of the Township. Upon the termination of his services with the Township, the Township Attorney shall forthwith surrender to any successor all such property, together with a written consent to substitution of any successor in all legal actions and proceedings then pending to which the Township is a party.
[Amended 8-7-2007 by Ord. No. 15-8-2007]
Chief Municipal Prosecutor authorized. There shall be a Chief Municipal Prosecutor who shall be responsible for supervising and overseeing the conduct of other Township prosecutors. He or she shall declare and implement necessary policies so that there is uniformity in approach regarding prosecutions in the Municipal Court among all prosecutors. He or she shall have all the powers, duties and responsibilities set forth in the Code of the Township of Evesham, The Prosecutor Act (N.J.S.A. 2B:25-1 et seq.), directives of the New Jersey Administrative Office of the Courts, the orders and directives of the County Prosecutor and the orders and directives of the Attorney General of the State of New Jersey.
Deputy Municipal Prosecutors. There shall be one or more Deputy Municipal Prosecutors who shall carry out the duties of prosecutor in the Evesham Township Municipal Court. The number of Deputy Prosecutors authorized shall not exceed five positions. Any Deputy Prosecutor shall have all the powers, duties and responsibilities set forth in the Code of the Township of Evesham, The Prosecutor Act (N.J.S.A. 2B:25-1 et seq.), directives of the New Jersey Administrative Office of the Courts, the orders and directives of the County Prosecutor and the orders and directives of the Attorney General of the State of New Jersey.
Appointment of Chief Municipal Prosecutor and Deputy Prosecutors; terms of office.
Appointment. The Chief Municipal Prosecutor and any Deputy Municipal Prosecutors shall be appointed by the officer or body that is the appropriate appointing authority for the municipal attorney.
Term of office. The Chief Municipal Prosecutor and any Deputy Municipal Prosecutor appointed shall serve a term of office of one-year expiring on June 30 of the year following such person's appointment or such later time as his or her successor is appointed and qualified.
General manner of compensation. The Chief Municipal Prosecutor and any Deputy Municipal Prosecutor shall be compensated either on an hourly basis, a per diem basis, through an annual salary or such other reasonable basis as may be set out in accordance with the provisions of the Municipal Salary Ordinance.
Editor's Note: A copy of the current Salary Ordinance is on file in the Township offices.
Superior Court de novo appeals. When a Township Prosecutor is assigned to prosecute a de novo appeal in the Superior Court, the Prosecutor shall be entitled to additional compensation which shall not exceed $1,500, unless the Township Council specifically authorizes additional compensation in a duly adopted resolution.
Duties and responsibilities. The Chief Municipal Prosecutor and any Deputy Municipal Prosecutor shall have the duties and responsibilities set forth in N.J.S.A. 2B:25-5 and such other responsibilities now or hereafter imposed by law.
[Added 2-21-1984 by Ord. No. 4-2-84]
There shall be a Municipal Public Defender of the Township of Evesham, who shall be an attorney at law of the State of New Jersey.
The Municipal Public Defender shall be appointed by the Township Council for a term of one year, coincident with the twelve-month term of the Township Council.
The Municipal Public Defender shall defend persons charged with offenses in the Evesham Municipal Court when assigned to do so by the Municipal Judge.
The Municipal Public Defender shall attend sessions of the Evesham Municipal Court with the frequency set forth in his professional services contract with the Township of Evesham.
The salary of the Municipal Public Defender shall be based on reasonable compensation as may be provided for in the Salary Ordinance.
Pursuant to P.L. 1997, c. 256 (N.J.S.A. 2B:24-17), there is hereby established an application fee of not more than $200, which fee shall be required to be paid by any person seeking representation by the Municipal Public Defender in matters pending in the Municipal Court of the Township of Evesham. The Municipal Court Judge may, in his or her discretion, waive the fee, in whole or in part, if the Judge determines that the application fee represents an unreasonable burden on the person seeking such representation. The Municipal Court may permit a person to pay the application fee over a specific period of time, not to exceed four months.
[Added 6-27-1995 by Ord. No. 31-6-95; amended 12-7-1999 by Ord. No. 38-12-99]