[HISTORY: Adopted by the Board of Chosen Freeholders of Mercer
County as Ch. 2.06 of the 2003 Mercer County Code (Ord. No. 92-3). Amendments noted where applicable.]
[Pursuant to P.L. 2020, c. 67, effective 1-1-2021, the Code
of Mercer County has been amended to delete the term “Board
of Chosen Freeholders” and replace it with the term “Board
of County Commissioners.” In addition, the terms “Freeholder”
and “Chosen Freeholder” have been deleted and replaced
by the term “County Commissioner.”]
There shall be a County Counsel who shall be a member of the
bar of the State of New Jersey.
A.
The County Counsel shall be the chief legal advisor of the County and the attorney of record in all proceedings wherein the County or any of its agencies shall be a party, with such agency exceptions as the Board may authorize or as prohibited by law; this shall not include representation of the autonomous agencies set forth in § 3.01.010.
B.
Under the supervision of the County Counsel, the Office of the County
Counsel shall:
(1)
Provide opinions, rulings and advice on all questions of law
or official responsibilities directed to it;
(2)
Approve as to legal form and sufficiency all documents submitted
for review;
(3)
Represent the County and its agencies, with such exceptions as the Board shall authorize, in all matters of litigation before the courts or administrative agencies and recommend appropriate settlements; this shall not include representation of the autonomous agencies set forth in § 3.01.010;
(4)
Maintain records of all actions, suits and proceedings relating
to the County's interest;
(5)
Submit formal written opinions on questions of law or official
responsibilities when requested by the Board or the County Executive.
Such opinions shall be filed with the Clerk to the Board and the County
Executive's office.
Within the limits of available appropriations, the County Counsel
may appoint and remove legal assistants and assign their duties and
responsibilities.
The County Counsel may, with approval of the Board and within
available appropriations, engage special counsel to aid in the preparation,
trial or argument of cases requiring special expertise or cases in
which the County Counsel is or may be disqualified.
Upon resignation or removal from office, the County Counsel
shall forthwith deliver to his/her successor or the County Executive
a written consent of substitution of his/her successor in all actions
then pending and undetermined in which the County is a party.
The County Counsel is permitted to maintain a private law practice
as long as it is not in conflict with his/her duties as County Counsel.
