[Adopted 2-10-1970 by Ord. No. 70-2 (Ch. 10, Art. III, of the 1977 Code); amended 5-11-1993 by Ord. No.
93-14; 2-23-2000 by Ord. No. 2000-2; amended in its entirety 2-26-2013 by Ord. No. 2013-05]
There is hereby created and established in and
for the Township of Hillsborough the office of the Municipal Prosecutor.
The office shall be comprised of the positions of Municipal Prosecutor
and Driving While Intoxicated Special Prosecutor.
The Municipal Prosecutor and Driving While Intoxicated
Special Prosecutor shall, as a condition of eligibility for appointment
and for continuation in office, be a resident of this state and an
attorney at law admitted to practice in this state.
The Municipal Prosecutor or Driving While Intoxicated
Special Prosecutor shall attend all hearings in the Municipal Court
of the Township, at which hearing said Municipal Prosecutor or Driving
While Intoxicated Special Prosecutor shall serve on behalf of the
Township as Prosecutor and shall represent the Township in any matter
within the jurisdiction of said Municipal Court. Pursuant to P.L.
1996, c. 95, Section 14,[1] the Municipal Prosecutor or Driving While Intoxicated
Special Prosecutor, under the supervision of the Attorney General
or County Prosecutor may represent the state, county or Township in
any matter within the jurisdiction of the Hillsborough Township Municipal
Court. Where the Municipal Prosecutor or Driving While Intoxicated
Special Prosecutor are unable to serve as Prosecutor with respect
to a particular matter or in particular cases where special reasons
such as experience in a particular legal area so warrant, the Township
Committee may employ another attorney, including, but not limited
to, the Township Attorney, to serve as Municipal Prosecutor in the
Hillsborough Township Municipal Court.
[1]
Editor's Note: See N.J.S.A. 2B:12-27.
The Municipal Prosecutor and Driving While Intoxicated
Special Prosecutor shall be appointed by the Mayor with the advice
and consent of the Township Committee. The term of office of the Municipal
Prosecutor and Driving While Intoxicated Special Prosecutor shall
be one year commencing on January 1 and ending on December 31 of the
year concluding the aforesaid one-year term and to continue in such
offices until his/her successor(s) is or are appointed and qualified.
The Municipal Prosecutor and Driving While Intoxicated
Special Prosecutor shall receive such compensation as is limited by
the Salary Ordinance as set by resolution, as may be amended from
time to time.
Any appointment to fill a vacancy in the position
of Municipal Prosecutor or Driving While Intoxicated Special Prosecutor
shall be for the unexpired term only.
In the event that the Township enters into or has entered into
shared services agreements for a Shared Municipal Court pursuant to
the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1
et seq., or other such similar law, the Township Municipal Prosecutor
and any other Prosecutors shall also prosecute any and all matters
for all governmental entities that are part of the Shared Municipal
Court, including all first appearances for each of the governmental
entities that are part of the Shared Municipal Court.
