There is hereby established the position of
Municipal Prosecutor, who shall hereinafter be referred to as the
"Prosecutor." The Prosecutor shall serve for a term of one year from
January 1 of the year in which the appointment is made. The Prosecutor
shall be appointed by the Mayor, with the advice and consent of the
Council, pursuant to a professional services resolution adopted in
accordance with the New Jersey Local Public Contracts Law. The duties
of the Prosecutor shall be as follows:
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.
B.
Have the power and authority to an extent not inconsistent
with general law or this Code to recommend the settlement, compromise,
downgrade or dismissal of complaints when, in the judgment of the
Prosecutor, the best interest of the Township will be served and the
spirit of the law not violated.
C.
Upon termination of the Prosecutor's service with
the Township, forthwith surrender to the successor Prosecutor all
papers, documents, memoranda, reports and all other materials relating
to the administration of the function of Prosecutor, together with
a written consent to substitution of the successor in all legal actions
and proceedings where such a substitution is required.
There is hereby established the position of
Municipal Public Defender, who shall hereinafter be referred to as
the "Public Defender." The Public Defender shall serve for a term
of one year from January 1 of the year in which the appointment is
made. The Public Defender shall be appointed by the Mayor, with the
advice and consent of the Council, pursuant to a professional services
resolution adopted in accordance with the New Jersey Local Public
Contracts Law (N.J.S.A. 40A:11-1 et seq.). The duties of the Public
Defender shall be as follows:
A.
The Public Defender shall attend all sessions of the
Municipal Court as required and shall serve as the defense attorney
for any and all indigent defendants, as appointed by the Municipal
Court Judge.
B.
When an indigent defendant is represented by the Public
Defender and is found guilty of the charges, the Public Defender shall
advise the defendant as to the possibility of filing an appeal and,
if the defendant deems it appropriate, the Public Defender shall take
the necessary steps with the Mercer County Public Defender's office
and shall make arrangements with that office for representation.
