Township of Monroe, NJ Department of Law

There shall be a Department of Law, the head of which shall be the Township Solicitor. He shall be appointed by the Mayor with the advice and consent of the Township Council.

§ 4-61 Compensation of Township Solicitor.

For the performance of services described herein, the Township Solicitor shall not receive a fixed salary, but shall be paid such fee as may be deemed reasonable and proper for the services actually rendered in accordance with such contract for legal services entered into between the governing body and the Township Solicitor pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. All contracts for legal services shall have annexed thereto a fee schedule.

§ 4-62 Powers and duties of Township Solicitor.

[Amended 5-21-1986 by Ord. No. O-15A-86]

The Township Solicitor shall:

Represent the Township of Monroe in all legal matters and shall advise and assist the Township Council, the Mayor and the departments as required in the administration of Township government. He shall attend all meetings of the Township Council, draft all ordinances and resolutions and give opinions and rulings on questions of law which may arise at Township Council meetings. He shall prepare or approve all legal instruments relating to the business of the Township. He shall represent the Township in any litigation and conduct trials, appeals and other proceedings affecting the interests of the Township as he may, in his discretion, determine to be necessary or desirable, subject to the approval of the Mayor and Township Council as may be required.

Maintain records of all legal actions and lawsuits, proceedings and matters which relate to the Township's interest and report thereon from time to time as the Mayor or Township Council may require.

Have the power to enter into any agreement, compromise or settlement of any litigation in which the Township is involved, subject to the approval of the Township Council.

With the approval of the Mayor and Township Council, be empowered to compromise, settle or adjust any rights, claims, demands or causes of action in favor of or against the Township of Monroe. In the event that the Township Council shall approve the compromise, settlement or adjustment and it shall be disapproved by the Mayor, said matter may be resubmitted to the Township Council and shall be considered approved without the approval of the Mayor upon the affirmative vote of 2/3 of the members of the Township Council.

Have such other functions, powers and duties as may be provided by law.

Upon the termination of his service with the Township, forthwith surrender to his successor all Township property, papers and records, together with written consent for substitution of his successor in any pending actions or proceedings.

§ 4-63 Special counsel.

[Amended 5-21-1986 by Ord. No. O-15A-86]

If the Township Solicitor, by reason of disability, personal disqualification or for any other reason, shall be unable to represent the Township on a specific matter, or whenever he deems the interest of the Township to so require, he may, with the approval of the Mayor of the Township of Monroe and the Township Council, when appropriate and within the limits of available appropriations, appoint special counsel to assist him in the preparation, trial or argument of any issue or in such other capacity as he may determine.

§ 4-64 Municipal Prosecutor.

[Amended 5-21-1986 by Ord. No. O-15A-86; 6-10-2003 by Ord. No. O-20-2003]

Whenever required for the conduct of matters before the Municipal Court, the Mayor may appoint a Municipal Prosecutor.

The Municipal Prosecutor shall prosecute the criminal business of the Township before the Municipal Court and, when required by general law or rule of the Supreme Court, shall prosecute appeals to the County Court or Superior Court from convictions in the Municipal Court, for which services be shall receive such compensation as shall be established by contract pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., plus such fees for the defense of such appeals as shall be deemed reasonable.

§ 4-65 Residence.

[Amended 5-21-1986 by Ord. No. O-15A-86]

Neither the Township Solicitor nor the Township Prosecutor need be residents of the municipality.

§ 4-66 Vacancies.

Where there exists, by reason of vacancy in any of the aforesaid offices or positions, the need for legal counsel, advice and services, the Township Council may, in accordance with the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., enter into a contract to temporarily furnish said services for a period not to exceed 120 days.

§ 4-67 Municipal Public Defender.

[Added 1-19-1983 by Ord. No. O-2-83]

Whenever required for the conduct of matters before the Municipal Court, the Mayor may appoint a Municipal Public Defender.

[Amended 6-10-2003 by Ord. No. O-20-2003]

The Municipal Public Defender shall represent those indigent individuals in the criminal business before the Township Municipal Court when directed to do so by the Municipal Judge of the Township of Monroe and, when required by general law or rule of the Supreme Court, shall defend such indigents in the Monroe Township Municipal Court.

The Municipal Public Defender shall be paid for such services and shall receive such compensation as shall be established by contract pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., plus such fees for the defense as shall be deemed reasonable and appropriate.

[Amended 6-10-2003 by Ord. No. O-20-2003]