NJSA 2B:25-4 Appointment, Qualifications for Municipal Prosecutor; Compensation
2B:25-3 Exemptions for municipal prosecutor currently serving.
3.Any person serving as a municipal prosecutor on the effective date of this act 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 act pertaining to supersession (section 7) and removal (section 9) shall be in full force on the effective date of this act.
2B:25-4 Appointment, qualifications for municipal prosecutor; compensation.
4. a. Each municipal court in this State shall have at least one municipal prosecutor appointed by the governing body of the municipality, municipalities or county in accordance with applicable laws, ordinances and resolutions.
b.A municipal prosecutor shall be an attorney-at-law of this State in good standing, and shall serve for a term of one year from the date of his or her appointment, except as determined by the governing body of a county or a city of the first class with a population greater than 270,000, according to the latest federal decennial census, or the governing body of a city of the second class with a population of greater than 30,000 but less than 43,000, according to the latest decennial census, which city of the second class is located in a county of the first class with a population less than 600,000 according to the latest federal decennial census, and may continue to serve in office pending re-appointment or appointment of a successor. A municipal prosecutor may be appointed to that position in one or more municipal courts. The provisions of this act shall apply to each such position held.
c. (1) A municipal prosecutor of a joint municipal court shall be appointed upon the concurrence of the governing bodies of each of the municipalities in accordance with applicable laws, ordinances or resolutions.
(2)A municipal prosecutor of a central municipal court shall be appointed by the governing body of the county.
d.Municipal prosecutors shall be compensated either on an hourly, per diem, annual or other basis as the county, municipality or municipalities provide. In the case of a joint municipal court, municipalities shall, by similar ordinances, enter into an agreement fixing the compensation of the municipal prosecutor and providing for its payment. In the case of a central municipal court, the county shall fix the compensation of the municipal prosecutor and provide for its payment.
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 be entitled to additional compensation unless the municipality expressly provides otherwise at the time the compensation is fixed.
e.In accordance with applicable laws, ordinances and resolutions, a municipality may appoint additional municipal prosecutors as necessary to administer justice in a timely and effective manner in its municipal court. Such appointments shall be subject to this act. This subsection also applies to joint municipal courts and central municipal courts.
f.Any municipal court having two or more municipal prosecutors shall have a "chief municipal prosecutor" who shall be appointed by the governing body of the county or the municipality. The chief municipal prosecutor of a joint municipal court shall be appointed upon the concurrence of the governing bodies of each municipality. The chief municipal prosecutor shall have authority over other prosecutors serving that court with respect to the performance of their duties.
g. (1) Nothing in this act shall affect the appointment of municipal attorneys in accordance with N.J.S.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 act while serving in the capacity of municipal prosecutor.
(2)In addition to any other duties proscribed by the provisions of this act, a person serving as both a municipal prosecutor and a municipal attorney may prosecute county or municipal ordinance violations.
Vercammens Law office represents individuals charged with criminal,
drug offenses, and serious traffic violations throughout New
Jersey. Our office helps people with traffic/ municipal court
tickets including drivers charged with Driving While Intoxicated,
Refusal and Driving While Suspended.
Vercammen was the NJ State Bar Municipal Court Attorney of the
Year and past president of the Middlesex County Municipal Prosecutors
and Motor vehicle violations can cost you. You will have to
pay fines in court or receive points on your drivers license.
An accumulation of too many points, or certain moving violations
may require you to pay expensive surcharges to the N.J. DMV
[Division of Motor Vehicles] or have your license suspended.
Dont give up! The Law Office of Kenneth Vercammen can provide
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your job or drivers license is in jeopardy or you are facing
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if you need experienced legal representation in a traffic/municipal
website www.KennethVercammen.com provides information on traffic offenses
we can be retained to represent people. Our website also provides
details on jail terms for traffic violations and car insurance
eligibility points. Car insurance companies increase rates or
drop customers based on moving violations.
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