[Ord. No. 3158, 7-26-1988, §§ 2-5.4 through 2-5.10; amended by Ord. No. 3317, 12-3-1991, § 2; Ord. No. 3385, 3-22-1994, § 3; Ord. No. 3398, 8-9-1994, § 1; Ord. No. 3887, 6-6-2005, § 1; Ord. No. 3907, 9-6-2005, § 2; Ord. No. 4125, 5-19-2009, § 1; Ord. No. 44-2023, 1-23-2024]
The legal assistants shall perform such duties as may be required by the respective board or body to which they are assigned and, subject to the Charter, as may be assigned to them by the Township Attorney to assist him in the operation of the office in any litigation by or against the Township or any of its departments, boards or bodies or employees, agents, officers, officials or servants arising in the course of and in the scope of their employment; prepare ordinances, contracts, resolutions or other legal documents and review such documents; and provide research, correspondence and maintain proper files, records and office procedures.
(a) Duties of legal assistant to Zoning Board Adjustment. The duties of the legal assistant to the Zoning Board of Adjustment shall be as follows:
(1) He shall attend all meetings of the Zoning Board of Adjustment. He shall furnish legal opinions to and prepare for said Board all resolutions and necessary legal documents.
(2) He shall assist the Township Attorney in trial and reference work when requested.
(3) In matters pertaining to policy and opinions of the Zoning Board of Adjustment, the legal assistant shall have the status of independent counsel for the Board. In all litigation in which the Zoning Board of Adjustment is made a party-defendant, the legal assistant shall defend the suit on the Board's behalf, unless the Township or any official or employee thereof is also made a party defendant, in which event the Township Attorney shall designate defense counsel. To the extent permitted by the rules of professional conduct governing attorneys, one attorney shall represent all Township defendants, but such determination will be left to the discretion of the Township Attorney.
(b) Duties of legal assistant to Planning Board. The duties of the legal assistant to the Planning Board shall be as follows:
(1) He shall attend all meetings of the Planning Board. He shall furnish legal opinions to and prepare for said Board all resolutions and necessary legal documents.
(2) He shall assist the Township Attorney in trial and reference work when requested.
(3) In matters pertaining to policy and opinions of the Planning Board, the legal assistant shall have the status of independent counsel for the Board. In all litigation in which the Planning Board is made a party-defendant, the legal assistant shall defend the suit on the Board's behalf, unless the Township or any official or employee thereof is also made a party defendant, in which event the Township Attorney shall designate defense counsel. To the extent permitted by the rules of professional conduct governing attorneys, one attorney shall represent all Township defendants, but such determination will be left to the discretion of the Township Attorney.
(c) Duties of Prosecutor. The duties of the Municipal Court Prosecutor shall be as follows:
(1) The Prosecutor shall attend all sessions of the Township Municipal Court and prosecute all motor vehicle cases, disorderly person offenses, preliminary hearings, and other cases in which the Township is a party in interest.
(2) The Prosecutor shall defend all appeals from convictions and other matters adjudicated in the Municipal Court.
(3) The Prosecutor shall instruct members of the Police Department in court procedure and assist personnel of the Municipal Court in the matter of preparation of legal papers pertaining to the business of such court.
(4) The Prosecutor shall have all of the duties conferred by state statute.
(d) Public Defender. The duties of the Public Defender shall be:
(1) The Public Defender shall attend all sessions of the Municipal Court at which his/her cases are scheduled and shall serve as legal counsel to those defendants unable to afford counsel and who are charged with such violation of the Penal Code as shall entitle them to assigned counsel, pursuant to any law or court-mandated rule. The determination of whether counsel should be assigned shall be made by the Municipal Court Judge, based upon uniform, nondiscriminatory criteria established by the administrative office of the courts or, in default thereof, by the Municipal Court Judge, and liberally construed in favor of that right.
As a precondition of assignment of the Public Defender without charge to the defendant, the defendant shall certify his or her financial means, under oath. |
(2) The Public Defender is also assigned to the Civilian Complaint Review Board (CCRB) established under §
2-158 et seq. of this Code, to assist the CCRB in the formulation of its rules of procedure and assist in the conduct of its meetings, its investigatory function and the preparation of its reports. Despite said assignment, the Manager may retain independent counsel separate and apart from the Public Defender if requested by the CCRB, if it serves its legitimate purposes and if said retainer is within the limits of funds appropriated by the Township Council by annual or emergency appropriations for such a purpose. For legal services to the CCRB, the Public Defender or Special Counsel, as the case may be, shall be paid on an hourly basis at rate established by the Manager in consultation with the CCRB.
(3) Each individual applying for representation by the Public Defender shall be required to pay an application fee of not more than $200. The Municipal Court Judge may waive any such required application fee, in whole or in part, if the Judge determines, in his discretion, that the application fee represents an unreasonable burden on the individual seeking representation.