[Ord. No. 961 § 1]
In accordance with N.J.S.A. 40A-139 there is hereby created
by the Township of Neptune the position of Municipal Attorney.
[Ord. No. 961 § 2]
The Municipal Attorney shall be a duly licensed Attorney-at-Law
of the State of New Jersey.
[Ord. No. 961 § 3]
The Municipal Attorney shall be appointed by the Township Committee
and shall hold such position for a term of one (1) year from January
1 of the year in which the appointment is made.
[Ord. No. 961 §§ 4—6]
a.
The Attorney shall serve as legal advisor to the Township Committee
and to the Township Officers and employees on matters pertaining to
their duties, to represent the Township in litigations except where
the Township Committee directs otherwise, to draft all contracts,
ordinances or other documents needed by the Township and to render
such other legal services as may be required by the Township Committee.
b.
It shall be the duty of the Attorney to see to the full enforcement
of all judgments or decrees rendered or entered in favor of the Township
and of all similar interlocutory orders.
c.
It shall be the duty of the Attorney to see to the completion of
all special assessment proceedings and condemnation proceedings.
[Ord. No. 961 §§ 7,
8]
The Municipal Attorney shall be paid an annual retainer as provided
for in the Salary Ordinance of the Township of Neptune and such other
reasonable compensation for additional services performed only if
authorized by the Township Committee.
This retainer shall be full compensation for the following;
attending all regular Township meetings and any and all advisory services
in connection therewith. For any services not covered by the retainer,
the Attorney shall receive such compensation as may be authorized
by the Township Committee.
[2-8-2021 by Ord. No.
21-03]
All legal cases in need of legal counsel and all legal matters
shall be forwarded to the Township Attorney for review prior to assignment,
and the Township Attorney shall make such assignments on legal matters
with the advice and consent of the Township Committee where the Township
has the power to do so through an appropriate Special Counsel, Labor
Attorney or other designated attorney; including attorneys on JIF
or insurance carrier lists, where said JIF or insurance carrier allows
the Township to recommend an attorney on said list, and upon assignment,
said attorney assigned for said legal matter must provide periodic
status reports of their case to the Township Attorney or Township
Committee Designee, so as to allow the Township Attorney or Township
Committee Designee to report to the governing body on such matters.
[Ord. No. 911 § 1]
There is hereby created by the Township the position of Municipal
Court Prosecutor.
[Ord. No. 911 § 2]
The Municipal Court Prosecutor shall be a duly licensed Attorney-at-Law
of the State of New Jersey.
[Ord. No. 911 § 3]
The Municipal Court Prosecutor shall be appointed by the Mayor
and confirmed by the Township Committee for the term of one (1) year
effective January 1 of each year and until December 31 of the same
year and until the appointment and qualification of his successor.
[Ord. No. 911 § 4]
The Municipal Court Prosecutor shall be paid an annual salary
as provided in the Salary Ordinance of the Township of Neptune and
such other reasonable compensation for additional services performed
only if authorization of the Township Committee is first secured.
[Ord. No. 911 § 5]
The Municipal Court Prosecutor shall, under the supervision
of the Township Attorney, appear in the Municipal Court in the Township
of Neptune on behalf of the State of New Jersey or the Township of
Neptune in any case therein pending on request of the Judge of the
Municipal Court, the Council member in charge of the Police Department
and upon directive of the Township Committee.
The Prosecutor shall exercise such powers and duties as are
assigned to such office by the Statutes of New Jersey and such other
authority as may be assigned by the Township Committee.
[Ord. No. 1393 § 1]
There is hereby created the Office of Public Defender within
the Township.
[Ord. No. 1393 § 2]
The Public Defender shall be an Attorney-at-Law of the State
of New Jersey. The Public Defender does not need be a resident of
the Township.
[Ord. No. 1393 §§ 2,
3]
The Mayor shall nominate and, with the advice and consent of
the Township Committee, appoint a Public Defender, including the filling
of a vacancy in the office which shall be for the unexpired term only.
The term of office of the Public Defender shall be for one (1) year,
commencing on January 1 and terminating on December 31 of the same
year and until a successor shall be appointed and qualified.
[Ord. No. 1393 § 5]
a.
The Public Defender shall have, possess and exercise all of the functions,
duties, powers, and jurisdiction of a Public Defender as provided
by general law and ordinance.
b.
The duties of the Public Defender shall be to defend all cases within
the jurisdiction of the Court brought against indigent defendants
in the Municipal Court of the Township whenever such defendants are
entitled to such representation by law or whenever such representation
is deemed necessary and desirable in the interest of justice and in
the discretion of the Judge of the Municipal Court. In every instance
the Public Defender shall be assigned to each case by order of the
Court.
[Ord. No. 1651 §§ 1,
2; Ord. No. 98-13 § 1; Ord. No. 11-43]
a.
The Township of Neptune pays for the services rendered to an indigent
defendant by the Township Public Defender.
b.
The Public Defender fee shall be set forth as two hundred ($200.00)
dollars per case made payable to the Township of Neptune.
c.
The Municipal Court Judge may waive any such required application
fee in whole or in part, if the court determines in its discretion,
that the application fee represents an unreasonable burden on the
person seeking such representation.
[Ord. No. 98-13 § 1]
Should the appointed Public Defender be unable to represent
an indigent defendant as a result of a conflict or as a result of
absence due to illness, alternate counsel shall be named by the Municipal
Judge from a list established by the Township Committee. The hourly
rate for persons serving as substitute Public Defender shall be set
by resolution of the Township Committee.
