[1974 Code § 2-59]
There shall be a Department of Law, the head of which shall
be the Director of Law and Corporation Counsel. He shall be appointed
pursuant to the Charter and shall receive such compensation as shall
be provided by ordinance and other appropriations in the Township
budget for the Department of Law.
[1974 Code § 2-60]
Except as may be otherwise provided by the Charter or these
Revised General Ordinances or other ordinances of the Township, the
Department of Law, subject to the supervision of the Mayor shall:
a.
Provide legal advice and assistance to the Mayor and Council and
to all other Departments, and prosecute and defend actions and proceedings
by and against the Township;
b.
Draft ordinances and resolutions, and advise as to their form and
sufficiency prior to passage;
c.
Review and approve all contracts, deeds, documents and instruments
prior to the execution thereof by or on behalf of the Township;
d.
Conduct appeals from orders, decisions or judgments affecting any
interest of the Township as he may in his discretion determine to
be necessary or desirable, or as directed by the Mayor or Council;
e.
Subject to the approval of the Mayor or Council, have power to enter
into any agreement, compromise or settlement of any litigation in
which the Township is involved, provided however, that this subsection
shall not operate to limit or abridge the discretion of the Attorney
handling any matter in regard to the proper conduct of any trial,
action or proceeding, or deprive him of the powers and privileges
ordinarily exercised in judicial proceedings by counsel acting for
private clients;
f.
Render opinions orally or in writing upon any question of law submitted
to him by the Mayor, the Council, the Business Administrator or the
head of any Department, with respect to their official powers and
duties;
g.
Maintain a record of all actions, suits proceedings and matters which
relate to the municipality's interest, and report thereon from time
to time as the Mayor or Council may require;
[1974 Code § 2-61]
The Director of Law, or such attorney as he may designate with
the approval of the Mayor, shall conduct prosecutions from crimes
and offenses cognizable by the Municipal Court of Woodbridge, including
violations or ordinances of the Township, complaints of any Department
under State law, and violations of rules or regulations duly promulgated
by any Department; provided, however, that the Director shall not
be responsible for the prosecution of such crimes and offenses as
are required by law to be prosecuted by the County Prosecutor.
[1974 Code § 2-62]
a.
Within the Department of Law there shall be a law officer to be known
as the Municipal Counselor. He shall be appointed by the Director
of Law in the unclassified service serving at the pleasure of the
Director in conjunction with the Mayor.
b.
The Municipal Counselor shall advise, assist and consult with the
Director of Law, and with the Mayor and Council, as the Director may
determine, subject to the approval of the Mayor. The Municipal Counselor
shall act generally for and in place of the Director in the absence
of the Director.
[1974 Code § 2-63]
Whenever the Director of Law deems the interests of the Township
so require, he may, with the approval of the Mayor and within the
limits of available appropriations, appoint Special Counsel to assist
in the preparation, trial or argument of such legal matters or proceedings
as he may determine. If the Director of Law should be disqualified
with respect to any matter, the Mayor may appoint Special Counsel
with the approval of the Council to represent the Township for and
with respect to such matter.
[1974 Code § 2-64]
a.
All papers, documents, memoranda, reports and other materials relating
to the administration of the Department of Law shall be and remain
the property of the Township.
b.
Upon the termination of his service with the Township, each legal
officer shall forthwith surrender to his successor all 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.
[1]
Editor's Note: For statutory provisions directing officials
to deliver records upon expiration of term, see N.J.S.A. 2A:135-4
and N.J.S.A. 40A:5-20.
[Ord. #94-84 § 10]
The Director of Law may designate, with the approval of the
Mayor, attorney(s) at law to provide representation of persons entitled
by law to appointment of counsel pursuant to the terms of N.J.S.A.
2B:28-29, for crimes and offenses cognizable by the Municipal Court
of the Township of Woodbridge. Any such attorneys at law are to be
referred to as Municipal Public Defenders.
