A.
The Township Attorney shall be appointed by the Council
by a majority vote of its members and shall serve at the pleasure
of the Council for a term not to exceed one year from the first day
of January of the year of his appointment and until his successor
has been appointed and qualified. He shall be an attorney at law of
New Jersey but need not be a resident of the township. In lieu of
appointing an individual attorney, Council may appoint a firm of attorneys,
all members of which shall be attorneys at law of New Jersey. The
Attorney shall not receive a fixed salary but shall be paid such retainer
as may be agreed upon and authorized by the Council, plus such fees
and charges as shall be deemed reasonable.
B.
Duties. The Township Attorney shall represent the
township in all legal matters and shall advise and assist the Council,
the Manager and the departments as required in the administration
of township government. He shall attend meetings of the Council, draft
ordinances and resolutions and give opinions and rulings on questions
of law which may arise at Council meetings. He shall prepare or approve
all legal instruments relating to the business of the township. He
shall represent the township in any litigation and conduct trials,
appeals and other proceedings affecting the interest of the township
as he may in his discretion determine to be necessary or desirable,
subject to the approval of the Council.
C.
Additional duties. The Township Attorney shall also:
(1)
Maintain records of all actions, suits, proceedings
and matters which relate to the township's interest and report thereon
from time to time as the Manager or Council may require.
(2)
Have power to enter into any agreement, compromise
or settlement or any litigation in which the township is involved,
subject to the prior approval of the Council.
(3)
Upon the termination of his service with the township,
forthwith surrender to his successor all township property, papers
and records, together with written consent to substitution of his
successor in any pending actions or proceedings.
Whenever he deems the interests of the township
so require, the Township Attorney, with the approval of the Council
and within the limits of available appropriations, may appoint special
counsel to assist him in the preparation, trial or argument of any
issue or in such other capacity as he may determine. If the Township
Attorney should be disqualified with respect to any matter, the Council
may appoint special counsel to represent the township for and with
respect to such matter, within the limits of available appropriations.
A.
Whenever required for the conduct of matters before
the Municipal Court, the Council may appoint a Township Prosecutor,
who shall serve at the pleasure of the Council for a term not to exceed
one year.
B.
The Prosecuting Attorney shall prosecute the criminal
and quasi-criminal business of the township before the Township Municipal
Court and shall prosecute appeals to the Superior Court from convictions
in the Municipal Court, for which services he shall receive such compensation
as shall be fixed from time to time by a general salary ordinance,[1] plus such fees for the defense of such appeals as shall
be deemed reasonable.
[Amended 3-17-1997 by Ord. No. 1997-6]
C.
The Municipal Prosecutor shall operate as the Township
Prosecutor, under the supervision of the Attorney General or County
Prosecutor. The Municipal Prosecutor may represent the state, county
or municipality in any manner within the jurisdiction of the Municipal
Court.
[Added 3-17-1997 by Ord. No. 1997-6]
[Added 8-17-1987 by Ord. No. 1987-27; amended 12-15-1997 by Ord. No. 1997-33]
A.
The Township Council of the Township of Mount Laurel
will appoint a Township Public Defender, who shall serve at the pleasure
of the Township Council for a term not to exceed one year.
B.
The Township Public Defender shall defend criminal
and quasi-criminal business before the Municipal Court of the Township
of Mount Laurel in those cases in which his or her services are awarded
to a defendant after review by the Municipal Court Judge of an application
for such legal services. The application for the services of the Municipal
Public Defender shall be designed by the Municipal Court Administrator
and approved as to form by the Municipal Court Judge, unless the Burlington
County Assignment Judge or the New Jersey Supreme Court determines
the form of such application, in which case the determination of the
said Assignment Judge or the Supreme Court shall control.
C.
Compensation for the Municipal Public Defender shall
be fixed from time to time by the Township Council.
D.
The responsibilities of the Municipal Public Defender
and the Municipal Court, as they relate to the appointment of a Municipal
Public Defender, shall be controlled by the provisions of N.J.S.A.
2B:12-28 et seq.
E.
All funds collected pursuant to the provisions of § 13-11 of the Township Code shall be deposited in a dedicated fund administered by the chief financial officer of the municipality. Such funds shall be used exclusively to meet the costs incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony.
[Amended 8-17-1987 by Ord. No. 1987-27]
Neither the Township Attorney, the Township
Prosecutor nor the Township Public Defender need be residents of the
township.
