[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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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]
A.
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.
B.
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.
C.
Appointment of Chief Municipal Prosecutor and Deputy
Prosecutors; terms of office.
(1)
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.
(2)
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.
D.
Compensation.
(1)
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.[1]
[1]
Editor's Note: A copy of the current Salary
Ordinance is on file in the Township offices.
(2)
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.
E.
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.
A.
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.
B.
The Municipal Public Defender shall defend persons
charged with offenses in the Evesham Municipal Court when assigned
to do so by the Municipal Judge.
C.
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.
D.
The salary of the Municipal Public Defender shall
be based on reasonable compensation as may be provided for in the
Salary Ordinance.
E.
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]
