§ 4-75.1. Municipal Prosecutor., Article XV. Municipal Court, Chapter 4. Administration of Government, Part I. Administrative Legislation, Code of Ordinances, Atlantic City

Definitions.

(1)

Terms defined. The following words used herein shall have the definition and meaning set forth herein:

ATTORNEY GENERAL: Includes the Attorney General of New Jersey and any assistants or deputies who may be designated to carry out the responsibilities conferred on the Attorney General by P.L. 1999, c. 349, or the laws of this state.

CHIEF MUNICIPAL PROSECUTOR: The municipal prosecutor having authority over other Municipal Prosecutors serving the Municipal Court of the City of Atlantic City.

COUNTY PROSECUTOR: The prosecutor of the county in which the Municipal Court is situated and any Assistant Prosecutors of that county who may be designated by P.L. 1999, c. 349.

GOVERNING BODY: The office or body that is the appropriate appointing authority for Municipal Attorney pursuant to law.

MUNICIPAL COURT: The Municipal Court of the City of Atlantic City established pursuant to N.J.S.A. 2B:12-1 et seq.

MUNICIPAL PROSECUTOR: A person appointed to prosecute all offenses over which the Municipal Court has jurisdiction.

Position created; appointment; term; compensation.

(1)

The position of Municipal Prosecutor is hereby created.

(2)

The Mayor shall appoint at least one Municipal Prosecutor to the Municipal Court of the City of Atlantic City in accordance with applicable laws, ordinances and resolutions. The Mayor may appoint additional Municipal Prosecutors as necessary to administer justice in a timely and effective manner in the Municipal Court. If the Municipal Court has two or more Municipal Prosecutors, the Mayor shall designate the Chief Municipal Prosecutor.

(3)

The term of the Municipal Prosecutor shall be for a period of one year from the date of his or her appointment and may continue to serve in office pending reappointment or appointment of a successor.

(4)

The Municipal Prosecutors shall be compensated annually, payable in biweekly installments. The compensation of Municipal Prosecutors shall be in lieu of any and all other fees; provided, however, that when a Municipal Prosecutor is assigned to prosecute a de novo appeal in the Superior Court, the Prosecutor shall not be entitled to additional compensation.

(5)

The Municipal Prosecutor shall be an attorney at law of this state in good standing and shall have three years experience with criminal law.

Powers and duties.

(1)

A municipal prosecutor, except as provided by Subsection C(2) of this subsection and Subsections D and E of this section, shall represent the State of New Jersey, the County of Atlantic or the City of Atlantic City in the prosecution of all offenses, except for zoning violation, within the statutory jurisdiction of the Municipal Court as defined by law. A Municipal Prosecutor shall be responsible for handling all phases of the prosecution of an offense, including but not limited to discovery, pretrial and posttrial hearings, motions, dismissals, removals to Federal District Court and other collateral functions authorized to be performed by the Municipal Prosecutor by law or rule of Court. As used in this subsection, the term "posttrial hearing" shall not include de nova appeals in Superior Court.

(2)

A Municipal Prosecutor may, with the approval of the Court and pursuant to the rules of Court, authorize private attorneys to prosecute citizens complaints filed in the Municipal Court. A Municipal Prosecutor may, with the approval of the Court, decline to participate in Municipal Court proceedings in which the defendant is not represented by counsel. The Court shall afford the citizen complainant an opportunity to be heard prior to determining whether to approve a Municipal Prosecutor's decision to authorize a private attorney to prosecute a citizen complaint or to decline to participate in a Municipal Court proceeding in which the defendant is not represented by counsel. When the Municipal Prosecutor declines to prosecute, the prevailing complainant may make an application to the Court for counsel fee reimbursement to be paid out of applicable fines, but such reimbursement shall not exceed the amount of the applicable fines. Upon a finding that a conflict of interest precludes a Municipal Prosecutor from participating in a proceeding, the Court shall excuse the Municipal Prosecutor and may, in such a case, allow another Municipal Prosecutor within the office to participate in the proceeding or refer the matter to Conflicts Court to be handled by an outside Prosecutor as a means of alternative representation. Otherwise, the Court may request the County Prosecutor to provide representation in accordance with Subsection D of this section.

Vacancy and removal.

(1)

Appointments to fill vacancies in the position of Municipal Prosecutor shall be made in accordance with the provisions of Subsection B of this section as soon as practicable.

(2)

Unless the City of Atlantic City has provided for alternative representation, the Attorney General or the County Prosecutor, with notice to the Attorney General, may designate, at the request of the Municipal Prosecutor or Municipal Court, one or more Assistant or Deputy Attorneys General or Assistant Prosecutors to prosecute the business of the Municipal Court if there is a vacancy in the office of the Municipal Prosecutor or the Municipal Prosecutor is temporarily unavailable and the Municipal Prosecutor or the Municipal Court has requested such designation.

(3)

In addition to any of the other means provided by law for the removal from office of a public official, a Municipal Prosecutor may be removed by the Mayor for good cause shown and after a public hearing and upon due notice and an opportunity to be heard.

Supersession. Whenever, in the opinion of the Attorney General or a County Prosecutor, the public interest of the state will be promoted by so doing, the Attorney General or County Prosecutor, with notice to the Attorney General, may supersede a Municipal Prosecutor by prosecuting any offense against the laws of this state within the jurisdiction of a Municipal Court or by intervening in any prosecution before a Municipal Court.

Reimbursement. Whenever the Attorney General or County Prosecutor shall prosecute in the Municipal Court of the City of Atlantic City pursuant to Subsection D of this section, the Attorney General or County Prosecutor shall, upon demand, be promptly reimbursed by the City of Atlantic City for costs, including the compensation of any Assistant or Deputy Attorneys General or Assistant Prosecutors.

Training. The Attorney General, in consultation with the County and Municipal Prosecutors, may develop curricula for training programs for all Municipal Prosecutors. Participation in such training programs shall be voluntary. An attorney successfully completing a training program shall receive such certification or recognition as deemed appropriate by the Attorney General.

Exemption. Any person serving as a Municipal Prosecutor on the effective date of this section shall be exempt from its requirements for a period of either one year or for the expiration of his or her current term of office, whichever is shorter, except that the provisions of the section pertaining to supersession (Subsection E) and removal (Subsection D) shall be in full force on the effective date of this section.

Preemption.

(1)

Nothing in this act shall affect the appointment of Municipal Attorneys in accordance with N.J.S.A. 40A:9-139; provided, however, that a person appointed to the positions of both Municipal Prosecutor and Municipal Attorney shall be subject to all of the provisions of this section while serving in the capacity of Municipal Prosecutor.

(2)

In addition to any other duties proscribed by the provisions of this section, a person serving as both a Municipal Prosecutor and a Municipal Attorney may prosecute county or municipal ordinance violations.