There is hereby created the Department of Law, the head of which
shall be the Director of Law, who shall be the Municipal Attorney.
The Municipal Attorney may enter into a compensation agreement with
the Township to be negotiated by the Mayor and approved by the Township
Council. To be appointed to the position of Director of Law, an individual
shall meet the following requirements:
A.
Shall be a graduate from an accredited college or university with
a bachelor's degree and a graduate of an accredited law school with
a juris doctorate degree.
B.
Duly admitted to the practice of law in the State of New Jersey for
at least five years and an attorney at law of the State of New Jersey
in good standing.
C.
Powers and duties. The Municipal Attorney shall be a legal advisor
to the Mayor, Council and all departments, except as otherwise provided
by the Charter or the Township Code. He or she shall prosecute and
defend actions and proceedings by and against the Township and every
department thereof. In furtherance of these general powers and without
limitation thereto, he or she shall:
(1)
Advise the Council and its members, the Mayor and other officers
of the Township, as to all matters which may be submitted to her or
him for his or her opinion.
(2)
Review and approve all contracts, deeds, documents and instruments
prior to the execution thereof by or on behalf of the Township.
(3)
Institute litigation and conduct appeals from orders, decisions or
judgments affecting any interest of the Township as he or she may
in his or her discretion determine to be necessary or desirable.
(4)
Subject to the approval of Council, have the power to enter into
any agreement, compromise or settlement of any litigation in which
the Township is involved.
(5)
Render opinions in writing upon any question of law submitted to
him or her by the Mayor, the Council, the Business Administrator,
Municipal Clerk, Tax Assessor, or the head of any department.
(6)
Maintain a record of all actions, suits, proceedings and matters
which relate to the Township's interest and report thereon from time
to time as the Mayor or Council may require.
(7)
Attend such Council meetings as requested by Council.
(8)
Have such other and different functions, powers and duties as may
be provided by the Charter, this chapter or other ordinance.
Special counsel may only be appointed by resolution of the Township
Council. Such appointments shall be on a contractual basis and subject
to contractual approval by the Council as required under the law,
including but not limited to, the Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
There is hereby created the position of Municipal Prosecutor.
The Municipal Prosecutor shall be a graduate of an accredited
law school and an attorney at law of the State of New Jersey in good
standing.
The Municipal Prosecutor shall be appointed by the Mayor, with
the advice and consent of the Township Council. He or she shall serve
for a term of one year and until his or her successor is appointed
and qualified. More than one Municipal Prosecutor may be appointed.
If the Township appoints two or more Municipal Prosecutors, the Township
shall designate a "Chief Municipal Prosecutor" who shall be appointed
by the Mayor with the advice and consent of the Township Council.
The Chief Municipal Prosecutor shall have authority over other prosecutors
serving that Court with respect to the performance of their duties.
The Municipal Prosecutor shall appear in the Municipal Court
on behalf of the State of New Jersey or the Township of Jackson in
any case therein pending, upon the request of the Municipal Judge,
the Director of Public Safety or directive of the Mayor or Council.
He or she shall exercise the powers and duties assigned to such office
by N.J.S.A. 2B:25-5, any other applicable statutes, and Rules of Court
of the State of New Jersey.
The Municipal Prosecutor shall be compensated in accordance
with a professional services contract as approved by resolution of
the Township Council. The compensation shall be in lieu of any and
all other fees; provided, however, that when a Municipal Prosecutor
is assigned to prosecute a de novo appeal in Superior Court, the prosecutor
shall be entitled to additional compensation unless the municipality
expressly provides otherwise at the time the compensation is fixed.
There is hereby created the position of the Municipal Public
Defender. The Mayor, with the advice and consent of Township Council,
may designate one or more attorneys at law of the State of New Jersey
to provide representation of persons entitled by law to appointment
of counsel pursuant to the terms of N.J.S.A. 2B:24-3 for crimes and
offenses cognizable by the Municipal Court of the Township of Jackson.
He or she shall serve for a term of one year and thereafter until
his or her successor has been appointed and qualified. The Municipal
Public Defender shall be a graduate of an accredited law school and
be an attorney at law of the State of New Jersey in good standing.
The Public Defender shall defend indigent persons in the Municipal
Court of the Township of Jackson upon being requested to do so by
the Municipal Judge and shall perform such other duties as may be
required by the N.J.S.A. 2B:24-6, other applicable statute, and the
Rules of Court.
Pursuant to N.J.S.A. 2B:24-1 et seq., the Township of Jackson
shall require any person applying for representation by the Municipal
Public Defender to pay an application fee of not more than $200. The
Municipal Court may waive any required application fee, in whole or
in part, if the Court determines, in its discretion, that the application
fee represents an unreasonable burden on the person seeking representation.
The Municipal Public Defender shall be compensated in accordance
with a professional services contract as approved by resolution of
the Township Council. The compensation shall be in lieu of any and
all other fees; provided, however, that when a Municipal Public Defender
is assigned to any interlocutory appeals in Superior Court, the Municipal
Public Defender shall be entitled to additional compensation unless
the municipality expressly provides otherwise at the time the compensation
is fixed. The compensation of a Municipal Public Defender for services
rendered shall be in lieu of any and all other compensation by the
Township.
In addition to any other means provided by law for the removal
from office of a public official, a Municipal Public Defender may
be removed by the Township for good cause and after a public hearing,
and upon due notice and an opportunity to be heard.
The Municipal Public Defender may represent private clients
in any municipality, including the municipality where they act as
a Municipal Public Defender, subject to the Rules of Court Governing
the Conduct of Lawyers, Judges and Court Personnel.
