There shall be a Township Prosecutor appointed
by the Mayor with the advice and consent of the Council for a term
of one year and until the appointment and qualification of a successor.
The Township Prosecutor may also be the Township Attorney; if not,
the Township Prosecutor shall report to the Township Attorney. The
duties of the Township Prosecutor shall be as follows:
A. Participating in and prosecuting all cases when necessary
or practical in the Township Municipal Court, including all criminal
and quasi-criminal matters and all complaints by Township officials,
inspectors and directors, unless otherwise directed by the Township
Attorney.
B. Having the power and authority, to the extent not
inconsistent with any statutes of the State of New Jersey or Township
ordinances, to settle, compromise, downgrade or dismiss any complaints
when in the Prosecutor's judgment the best interests of the Township
will be served.
There shall be a Public Defender appointed by
the Mayor with the advice and consent of the Council for a term of
one year and until the appointment and qualification of a successor.
The duties of the Public Defender shall be as follows:
A. The Public Defender shall attend all sessions of the
Municipal Court as required and shall serve as the defense attorney
for any and all indigent defendants charged with a disorderly persons
offense or with a violation of any law, ordinance or regulation of
a penal nature which could result in a penalty of incarceration, substantial
fine or, in the opinion of the court, any other consequence of magnitude.
[Amended 4-19-1999 by Ord. No. 99-07]
B. It shall be the duty of the Township Municipal Judge
to ascertain whether such indigent defendants desire the services
of a Public Defender and are in fact indigent and determine whether
or not the charges sufficiently warrant the assignment of the Public
Defender and, in such cases, to make the assignment to the Public
Defender.
C. In the event that the Public Defender ascertains that
such defendant(s) so assigned is/are not in fact indigent, the Public
Defender will so advise the Judge, who will make the final determination
in regard to whether such defendant(s) is/are entitled to the service
of the Public Defender.
[Amended 5-13-1996 by Ord. No. 96-10]
D. The Public Defender shall provide the Township Attorney
with a monthly report outlining the activities and including the number
of cases handled, disposition thereof, number of appeals and their
disposition.