Township of Lower, NJ Article V Office of the Township Solicitor

§ 3-14 Qualifications and experience.

The office of the Township Solicitor shall be headed by the Township Solicitor. The Township Solicitor shall be an attorney at law licensed to practice in the State of New Jersey. He shall have a minimum of five years' experience as a practicing attorney.

§ 3-15 Residency.

[Amended 2-7-2011 by Ord. No. 2011-04]

The Township Solicitor shall maintain his or her domicile or main office in the Township of Lower; however, the Council may by resolution, at any time waive such residency requirement.

§ 3-16 Duties.

The Township Solicitor shall:

A. Serve as legal advisor to the Township Council, the Township Manager, the Township Clerk, and all other Township departments and agencies except as otherwise provided by law, and shall generally oversee the legal affairs of the Township.

B. Prosecute and defend actions and proceedings by and against the Township and the officers, departments and agencies thereof.

C. Conduct appeals from orders, decisions or judgments affecting any interest of the Township as directed by Township Council.

D. Enter into any agreement, compromise or settlement of litigation in which the Township is involved, subject to the approval of the Township Council.

E. Maintain a record of all actions, suits, proceedings, and matters which relate to the Township's interests and report thereon from time to time as the Township Council or the Township Manager may require.

F. Advise the Township Council as to the form and sufficiency of ordinances and resolutions prior to passage and prepare ordinances and resolutions as requested by Township Council or the Township Manager.

G. Review all contracts, deeds, documents and instruments prior to their execution on behalf of the Township as requested by Council and/or the Manager.

H. Advise or render opinions upon any other question of law submitted to him by the Mayor, any Council member, the Township Manager, or the Township Clerk.

I. Coordinate the services of special counsel as requested.

J. Have such other functions and duties as may be assigned by the Township Council or Manager.

K. Assist in the negotiation of contracts on behalf of the Township at the request of the Township Manager.

§ 3-17 Special counsel.

Whenever the Solicitor, he or she, may deem the interests of the Township to so require, the Solicitor may, with the approval of the Council and within the limits of available appropriations, appoint such other attorney or attorneys as are necessary to assist him or her in his or her duties. Such other attorney or attorneys may be salaried or on independent contract with the Township at the discretion of the Township Council.

§ 3-18 Prosecutor.

[Amended by Ord. No. 89-2]

A Prosecutor shall be appointed by the Township Council to prosecute all local and state violations within the jurisdiction of the Township of Lower. The Prosecutor shall serve a term of one year.

§ 3-19 Succession of Solicitor; transfer of property.

All papers, documents, memoranda, reports and other materials relating to the administration of the office of the Solicitor shall be and remain the property of the Township. Upon the termination of his service with the Township, the Solicitor shall forthwith surrender to his successor all other such property, together with a written consent to substitution of his successor in all legal actions and proceedings then pending to which the Township is a party.

§ 3-20 Public Defender.

[Amended by Ord. No. 89-2; Ord. No. 98-5]

A. There is hereby created within the office of the Township Solicitor, for administrative purposes, but independent from the office of the Township Solicitor, a Township Public Defender who shall be appointed by Township Council.

B. In accordance with the provisions of P.L. 1997, Ch. 256,[1] the Township Public Defender shall be qualified as an attorney at law of the State of New Jersey in good standing and shall represent those defendants appearing in Municipal Court who are determined by the Court to be indigent and whose representation is assigned to the Township Public Defender by the Court.

[1] Editor's Note: See N.J.S.A. 2B:24-1 et seq.

C. The Township Public Defender shall be appointed for a term of one year from the date of appointment and may continue to serve in office pending reappointment or appointment of a successor.

D. The Township Public Defender shall be compensated in the manner established by ordinance and determined by the Township Council.

E. The Township Public Defenders may represent private clients in Municipal Court and before Township agencies, subject to the Rules of Court Governing the Conduct of Lawyers, Judges and Court Personnel.

F. A person applying for representation by the Township Public Defender shall pay an application fee of $200. In accordance with P.L. 1997, Ch. 256,[2] and with guidelines promulgated by the New Jersey Supreme Court, the Municipal Court may waive any required application fee, in whole or in part, only if the Municipal Court determines, in its discretion, upon a clear and convincing showing by the applicant that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit a person to pay the application fee over a specific period of time not to exceed four months.

[2] Editor's Note: See N.J.S.A. 2B:24-1 et seq.

G. Eligibility for services of the Township Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in Subsection I. Need shall be measured as provided by law and in accordance with guidelines promulgated by the New Jersey Supreme Court. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the Municipal Court shall refer the defendant to the Township Public Defender provisionally, and if subsequently it is determined that the defendant is ineligible, the Municipal Court shall inform the defendant, and the defendant shall be obliged to engage his or her own counsel and to reimburse the municipality for the cost of the services and expenses rendered to that time.

H. The Municipal Court shall make an investigation of the financial status of each defendant seeking representation and shall have the authority to require a defendant to execute and deliver written requests or authorizations required under applicable law to provide the Municipal Court with access to records of public or private sources, otherwise confidential, as may be of aid in evaluating eligibility. As provided by law, the Municipal Court is authorized to obtain information from any public record office of the state or of any subdivision or agency thereof on request and without payment of the fees ordinarily required by law.

I. As provided by P.L. 1997, Ch. 256,[3] whenever a person entitled to representation by a Township Public Defender pursuant to this section is under the age of 18 years, the eligibility for services shall be determined on the basis of the financial circumstances of the individual and the financial circumstances of the individual's parents or legal guardians.

[3] Editor's Note: See N.J.S.A. 2B:24-1 et seq.

J. As provided by P.L. 1997, Ch. 256, if the defendant has or reasonably expects to have means to pay for some part, though not all, of the cost of the services rendered, the defendant shall be required to reimburse the Township and the Township shall have a lien on any property to which the defendant shall have or acquire an interest for an amount equal to the reasonable value of the services rendered to a defendant pursuant to this section as calculated at the same rate as the Township Public Defender bills clients at that time.

K. The Township Solicitor may do all things necessary to collect any money due to the Township by way of reimbursement for services rendered by a Township Public Defender. The Township Solicitor may enter into arrangements with any state or county agency to process collections on a cost basis. The Township Solicitor shall have all the remedies and proceedings available for collection which are available for or upon the recovery of a judgment in a civil action and shall also be permitted to collect counsel fees and costs from the defendant. The Township Solicitor is authorized to compromise and settle any claim for services performed whenever the financial circumstances of the person receiving the services are such that, in the judgment of the Township Solicitor, the best interest of the Township will be served by compromise and settlement.

L. Funds collected from the application fee shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township. The funds shall be used exclusively to meet the costs incurred in providing the services of a Township Public Defender, including, when required, expert and lay investigation and testimony.

M. In accordance with the provisions of P.L. 1997, Ch. 256, Section 6 c,[4] the Township shall not be required to pay for expert and lay investigation or testimony prior to March 22, 1999.

[4] Editor's Note: See N.J.S.A. 2B:24-6, Subdivision c.

N. For the purposes hereof, the term "Municipal Court" shall mean the Municipal Court of the Township of Lower established pursuant to N.J.S.A. 2B:12-1.