There is hereby created the position of Municipal
Court Prosecutor.
The Municipal Court Prosecutor shall be an attorney
at law of the State of New Jersey in good standing.
The Municipal Court Prosecutor shall be appointed
by the Mayor, with the advice and consent of the Township Council.
He or she shall serve for a term of one year and until his or her
successor is appointed and qualified.
The Municipal Court Prosecutor shall appear
in the Municipal Court on behalf of the State of New Jersey or the
Township of Toms River in any case therein pending, upon the request
of the Municipal Judge, the Chief of Police or directive of the Mayor
or Council. He shall exercise the powers and duties assigned to such
office by N.J.S.A. 2B:25-5, any other applicable statutes and Rules
of Court of the State of New Jersey.
The Municipal Court Prosecutor shall be compensated
in accordance with a professional services contract as approved by
resolution of the Township Council. The compensation shall be in lieu
of any and all other fees; provided, however, that when a municipal
prosecutor is assigned to prosecute a de novo appeal in Superior Court,
the prosecutor shall be entitled to additional compensation unless
the municipality expressly provides otherwise at the time the compensation
is fixed.