There shall be a Department of Law, the head of which shall be the Township Attorney. The Township Attorney shall serve full-time. There shall be assigned to the Department of Law for administrative purposes and for the purpose of reporting on work loads and results of cases the Office of Public Defender and the Office of Prosecutor-Police Legal Advisor. It is understood that each of these two attorney positions is independent as regards the carrying out of the duties as an attorney, and such positions shall in no way be subject to the jurisdiction of the Municipal Attorney in the independent pursuit of the litigation with which they are charged.
A. 
It shall be the duty of the Township Attorney to attend all meetings of the Council. He shall advise the Council, the Mayor, the department heads and officers of the Township in all matters of law. He shall represent the Township in all judicial and administrative proceedings in which the Township or any of its officers or agencies may be a party or have an interest. He shall give all legal counsel and advice where required by the Council or the administration and shall, in general, serve as the legal advisor to the Council and the administration in all matters of Township business.
B. 
In furtherance of such general powers and duties but without limitation thereto, the Township Attorney shall:
(1) 
Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the Township.
(2) 
Subject to the approval of the Mayor and Council, conduct appeals from orders, decisions or judgments affecting any interest of the Township as he may determine to be necessary or desirable.
(3) 
Subject to the approval of the Council, have power to enter into any agreement or compromise or settlement of any litigation in which the Township is involved.
(4) 
Render opinions in writing upon any question of law submitted to him by the Mayor or the Council with respect to their official powers and duties and perform such duties as may be necessary to provide legal counsel to the Mayor and the Council in the administration of Township affairs.
(5) 
With the approval of the Mayor, appoint special counsel as may be required and approved, including but not limited to counsel required in relation to any federally aided or state-aided planning, renewal, development or redevelopment project.[1]
[1]
Editor's Note: Former Subsection B(6), regarding the serving of the Township Attorney as attorney for the Planning Board, which immediately followed this subsection, was repealed 10-16-2018 by Ord. No. 18-052.
[Amended 9-21-1994 by Ord. No. 94-041; 10-8-1997 by Ord. No. 97-029; 5-6-1998 by Ord. No. 98-022]
The duties of the Public Defender shall be as follows:
A. 
He shall attend all sessions of the Municipal Court as required and shall serve as the defense attorney for any and all indigent defendants charged with the violation of the Disorderly Persons Act or Motor Vehicle Act or any other offense or charge which carries with it a penalty of substantial fine, incarceration or loss of driving privileges, or any other charge or complaint which the Supreme Court of the state has determined entitles such defendants to have counsel provided.
(1) 
It shall be the duty of the Municipal Judge of the Township to ascertain whether such indigent defendants desire the services of a public defender and are in fact indigent, and determine whether or not the charges sufficiently warrant the assignment of the Public Defender and, in such cases, to make the actual assignment to the Public Defender.
(2) 
If the Public Defender ascertains that such defendant so assigned is not in fact indigent, he will so advise the Judge, who will make the final determination in regard to whether such defendant is entitled to the services of the Public Defender.
(3) 
Any person applying for representation by a Municipal Public Defender shall be required to pay an application fee as set forth in Chapter 215, Fees, of the Township Code; provided, however, that the Municipal Court may postpone or waive the payment of all of said fee if the Court determines, in its discretion, that the payment of said fee will impose an unreasonable burden on the person seeking representation by the Municipal Court Public Defender. Any person otherwise requesting and receiving the assistance of a Municipal Public Defender while appearing before the Municipal Court shall be required to pay an administrative fee not to exceed the fee as set forth in Chapter 215, Fees; provided, however, that the Municipal Court may postpone or waive the payment of all of said fee if the Court determines, in its discretion, that the payment of said fee will impose an unreasonable burden on the person.
[Amended 7-18-2017 by Ord. No. 17-029]
B. 
When the indigent defendant is represented by the Public Defender and is found guilty of charges against him, the Public Defender shall advise the defendant as to the possibility of filing an appeal and, if he deems it appropriate, shall take the necessary steps with the County Public Defender's Office and shall make definite arrangements as to whether the Municipal Public Defender or the County Public Defender shall perform the services incidental and necessary to the appeal.
C. 
The Public Defender shall provide the Township Attorney with a monthly report outlining his activities and including the number of cases handled and the disposition thereof, and the number of appeals and their disposition.
The Municipal Prosecutor-Police Legal Advisor shall:
A. 
Participate in and prosecute all cases when necessary or practical in the Municipal Court of the Township, including all criminal and quasi-criminal matters and all complaints by Township officials, inspectors and department heads, and shall, in addition, serve as the attorney for all police officers in such proceedings.
B. 
Have the power and authority, to the extent not inconsistent with any statutes of the state or ordinances of the Township, to settle, compromise, downgrade or dismiss any complaints when in his judgment the best interests of the Township will be served.
C. 
Act as police legal advisor, including keeping the Director of Public Safety, the Chief of Police, officers and police members advised as to the changes in the state statutes or ordinances of the Township and as to significant and current developments of judicial decisions.
D. 
Formulate and conduct a continuing educational program for the Police Division, which shall include appropriate memoranda, courses and lectures on administration, modern law enforcement procedures, proper filing of complaints, search and seizure, the issue of warrants and other pertinent activities normally carried on by the Police Division.
E. 
Provide a legal opinion upon any legal, police or Municipal Court matter when requested by the Mayor, Township Council, Municipal Judge or Township Attorney, the Chief of Police, any senior police officer or any department head of the Township.
F. 
Represent the Township, Municipal Court and Township police officers on appeal from any decision rendered by the Municipal Court.
G. 
Provide the Municipal Attorney with a monthly report outlining the activities of his office, including the number of cases handled, disposition, courses given and other activities.