There is hereby created in the Borough of Garwood
the position of Municipal Court Prosecutor.
The Municipal Court Prosecutor shall be an attorney
at law of the State of New Jersey.
The Municipal Prosecutor shall be appointed
annually by the Mayor with the advice and consent of Council.
[Amended 1-28-1997 by Ord. No. 97-01; 4-24-2001 by Ord. No. 01-10]
The Municipal Prosecutor shall represent the
state, the county or the municipality in the prosecution of all offenses
within the statutory jurisdiction of the Municipal Court as defined
by law; including municipal ordinance and municipal code violations
pertaining to zoning, land or property use regulation, property maintenance,
building or construction. Such other local officials as may be deemed
appropriate may be called by the Municipal Prosecutor in such prosecutions.
The Municipal Prosecutor shall be responsible for handling all phases
of the prosecution of an offense, including but not limited to, discovery,
pretrial and posttrial hearings, motions, dismissals, removals to
Federal District Court and other collateral functions authorized to
be performed by the Municipal Prosecutor by law or rule of court.
As used in this section, the term "posttrial hearing" shall not include
de novo appeals in Superior Court, except as otherwise provided by
law. The Municipal Prosecutor shall appear before the Borough Council
upon its request to prosecute the violation of any provision of the
Alcoholic Beverage Law of the State of New Jersey within its jurisdiction.
The duties of Municipal Prosecutor shall include such other matters
as may be assigned to the Prosecutor by the Borough Attorney.
[Amended 6-10-2014 by Ord. No. 14-09]
The Municipal Prosecutor shall receive such compensation as
shall be determined by contract adopted by resolution of the Borough
Council.
