There shall be a Department of Law, the head
of which shall be the Township Attorney. The Township Attorney shall
be appointed by the Township Committee for a term of one year beginning
January 1. He shall be an attorney at law of New Jersey.
The Attorney shall give all legal counsel and
advice required by the Township Committee or any member thereof and
shall, in general, serve as the legal advisor to the Township Committee
of all matters of Township business. He shall represent the Township
in all judicial and administrative proceedings in which the Township
or any of its officers or agencies not separately represented may
be a party or have an interest. In furtherance of his general powers
and duties, but without limiting them, the 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 Township.
B.
Conduct appeals from orders, decisions or judgments
affecting any interest of the Township.
C.
With the approval of the Township Committee, compromise
or settle litigation in which the Township is involved.
D.
Render opinions upon questions of law submitted to
him by the Township Committee or any member thereof with respect to
Township matters.
E.
Supervise and direct the work of any additional attorneys
and technical and professional assistants the Township Committee may
authorize for special or regular employment in or for the Township.
A.
Creation. The office of Assistant Township Solicitor
and Municipal Prosecutor is hereby created and established in the
Legal Department of the Township.
B.
Duties. The Township Solicitor is hereby authorized
from time to time to assign and delegate to the Assistant Township
Solicitor the performance of such services and duties in the work
of the Legal Department as he may determine necessary in the administration
of the Department. The Assistant Township Solicitor shall also be
and serve as Municipal Prosecutor and shall represent the Township
and the State of New Jersey, as the case may be, in the Municipal
Court and in any other court, as directed by the Township Solicitor
or the Municipal Judge, involving violation of the ordinances of the
Township and the laws of the State of New Jersey.
C.
Compensation.[1] The salary of the Assistant Township Solicitor and Municipal
Prosecutor shall be in such amount as shall be fixed by ordinance,
plus such expenses as he may incur in and about the performance of
his duties, and as shall be approved by the Township Solicitor and
Township Committee. The salary shall include all services necessary
to be performed by him as Assistant Township Solicitor and Municipal
Prosecutor and delegated pursuant to this section and as may be ordered
by the Township Solicitor or Township Committee.
[Added 12-23-1987 by Ord. No. 65-1987]
It is hereby declared to be the policy of this
municipality to provide for the constitutional guaranties of counsel
to indigent defendants who are charged with criminal violations cognizable
in the Egg Harbor Township Municipal Court. "Indigent defendant" is
defined as one who is formally charged with the commission of a criminal
offense and who does not have the present financial ability to secure
competent legal representation.
[Added 12-23-1987 by Ord. No. 65-1987]
There is hereby created a Division of Municipal
Public Defender within the Department of Law to provide for legal
representation of any indigent who is formally charged with the commission
of a criminal offense within the jurisdiction of the Municipal Court
of the Township of Egg Harbor, County of Atlantic and State of New
Jersey.
[Added 12-23-1987 by Ord. No. 65-1987; amended 5-28-2008 by Ord. No. 21-2008]
The head of the Division of Public Defender
shall be the Public Defender, who shall be an attorney at law of this
state. He shall be appointed by the Township Committee for a term
of one year and shall hold office until January 1 of the year following
appointment. The Public Defender shall receive such compensation as
fixed and prescribed by Township ordinance. The Public Defender shall
devote his/her entire time to the duties of this office. Any vacancy
in this office shall be filled in the same manner as the original
appointment. The Township Committee may appoint a Deputy Public Defender,
who shall be an attorney at law of this state.
[Added 12-23-1987 by Ord. No. 65-1987]
A.
It shall be the duty of the Public Defender to provide
for the legal representation of any defendant formally charged with
the commission of a criminal offense where such charges are within
the jurisdiction of the Municipal Court of the Township of Egg Harbor.
B.
All necessary services and facilities of representation,
including investigation and other preparation, shall be provided in
every case. Said representation shall include any direct appeal from
conviction and any such post-conviction proceeding warranting the
assignment of counsel pursuant to court rules. Representation for
indigent defendants may be provided for in the New Jersey Superior
Court, Criminal Division, in any matter arising out of or related
to an action pending or recently pending in the Egg Harbor Township
Municipal Court.
C.
In addition, the Public Defender shall provide legal
representation for any person charged with a violation of motor vehicle
or traffic laws, the violation of fish and game laws and the violation
of the ordinances of the Township of Egg Harbor filed in the Egg Harbor
Township Municipal Court.
[Added 12-23-1987 by Ord. No. 65-1987]
The Public Defender shall:
A.
Recommend the appointment of investigators and clerical
assistants as may be required for the conduct of the office for the
approval of the Township Committee.
B.
Accept the services of volunteer workers.
C.
Keep and maintain proper financial records and records
in respect to particular cases handled and submitted to the Township
Committee, or any members which have been designated, monthly reports
of the work of the Division and any recommendations or reports requested.
D.
Prepare a yearly budget for expense items and expenditures
attendant to these duties.
E.
Direct and supervise all Division of Public Defender
employees engaged by the Township Committee.
F.
Have a general responsibility for the operation of
the office.
G.
Formulate and adopt rules and regulations necessary
to effectuate the purpose of this article and for the efficient operation
of the office.
[Added 12-23-1987 by Ord. No. 65-1987]
The Public Defender shall be under the direct
supervision and control of the Township Committee, separate and apart
from the Township Solicitor and Assistant Township Solicitor.
[Added 4-13-1994 by Ord. No. 8-1994]
A.
The Township may require a person applying for representation
by the Public Defender to pay an application fee of not more than
$200.
[Amended 12-10-1997 by Ord. No. 56-1997]
B.
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.
