A.
There shall be a Department of Law, the head of which
shall be the Township Attorney, who shall be an attorney at law of
New Jersey.
B.
Duties of the Township Attorney. The Township Attorney
shall be the chief law officer of the Township and the attorney of
record in all proceedings wherein the Township or any of its officers
and employees within the jurisdiction of the Department of Law, by
reason of any suits growing out of their official position, shall
be a party. He shall advise all Township officials and bodies on any
matters relating to the Township government, when requested to do
so. He shall supervise the preparation of all contracts, deeds and
other documents and all ordinances and resolutions referred to the
Law Department for preparation.
C.
The Department of Law shall include the Municipal
Prosecutor and the Public Defender.
No warrant shall be issued for the payment of
any money from the Township Chief Financial Officer in any matter
wherein a deed is necessary or under any contract to which the Township
is a party unless the Township Attorney shall have endorsed, in writing,
upon such deed or contract, his approval as to form and legality,
together with a statement of any liens or encumbrances affecting the
transaction.
Upon the expiration of his term of office or
his resignation or removal therefrom, the Township Attorney shall
forthwith surrender to the several Township officers charged with
the custody thereof all deeds, leases, conveyances, obligations, bonds,
contracts, agreements, maps, reports and other papers in his possession
belonging to the Township. He shall deliver to his successor in office
all legal papers and documents relating to the business of the Township,
together with a written consent of substitution of his successor in
all actions then pending and undetermined in which the Township is
a party.
A.
Upon authorization by the Township Council, the Township
Attorney is empowered, within available appropriations, to employ
such additional counsel to aid in the trial or argument of such actions,
causes or proceedings of importance in which the Township may be a
party or be interested, as he may deem necessary.
B.
Where the Township Attorney or any of his subordinates
cannot legally act on a matter pertaining to the Township government,
the Mayor may retain separate special counsel to represent the Township
on that specific matter.
[Amended 12-16-2021 by Ord. No. 2021-25]
There shall be within the Department of Law a Municipal Prosecutor,
appointed by the Director of Law. The Municipal Prosecutor shall be
an attorney at law of New Jersey. It shall be the duty of the Municipal
Prosecutor to act on behalf of the state, the complaining witness
and the Township in all the following specific instances:
A.
In all cases involving crimes of violence which are indictable.
B.
In all cases of death by automobile.
C.
In all cases of drunk driving.
D.
In all cases involving assault of a police officer.
E.
In all cases of bastardy where the Township is complainant.
F.
In all Zoning Ordinance violations where for any reason the counsel
to the Board of Adjustment does not appear.
G.
In special cases at the express instance and written request of the
Judge, the Mayor or the Township Council.
[Amended 12-16-2021 by Ord. No. 2021-25]
A.
The Public Defender shall be appointed by the Director of Law. He/she
shall be an attorney at law of the State of New Jersey and shall serve
as Public Defender in all cases as may be required; provided, however,
that such Public Defender shall be available at the call of the Municipal
Judge, who shall assign the Public Defender for a specific case where
the interest of justice so requires. The Public Defender shall serve
for a term of one year commencing on January 1. Vacancies shall be
filled for the unexpired term.
B.
Fee for representation by Public Defender. Any person applying for
representation by the Public Defender shall pay to the Municipal Court
an application fee of $200. Upon application to the Court, the Municipal
Judge may waive this application fee, in whole or in part, if the
Judge determines, in his or her discretion, that the application fee
represents an unreasonable burden upon the person seeking such representation.
