ASSEMBLY, No. 2488

STATE OF NEW JERSEY

INTRODUCED NOVEMBER 7, 1996

By Assemblyman BARNES and Assemblywoman BUONO

An Act concerning assistant prosecutors, amending P.L.1970, c.6 and repealing section 2 of P.L.1976, c.15.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 3 of P.L.1970, c.6 (C.2A:158-15.1) is amended to read as follows:

    3. In any county in which the county prosecutor is required or elects to devote his entire time to the duties of his office, assistant prosecutors shall devote their entire time to the duties of such office and shall not engage in the practice of law [or] . Assistant prosecutors shall not engage in other gainful employment [; but] except as follows:

    a. such assistant prosecutors may be employed with compensation by any institution of higher education in this State for teaching performed on an adjunct or part-time basis as part of a program of law enforcement education, when such teaching has been deemed by the county prosecutor of said county as not inconsistent with the duties of the office of assistant prosecutor; and

    b. such assistant prosecutors may, upon approval of the county prosecutor, be employed with compensation by any other employer if the county prosecutor determines that such employment is not inconsistent with the duties of the office of assistant prosecutor.

(cf: P.L.1986, c.130, s.1)

    2. Section 2 of P.L.1976, c.15 (C.2A:158-15.1a) is hereby repealed.

    3. This act shall take effect immediately.

STATEMENT

    Under current law, assistant prosecutors who work full-time for the county prosecutor's office are prohibited from the private practice of law and, with the exception of college-level teaching on law enforcement topics, are also barred from all other gainful employment.

    This bill would grant the county prosecutor the discretion to determine whether an assistant prosecutor under his supervision may be compensated for other part-time jobs as well.

    Under the bill, assistant prosecutors could be employed with compensation at other jobs if the county prosecutor approves such employment, and if the prosecutor determines that such employment is not inconsistent with the duties of the office. The bill would not affect the ban against the private practice of law by assistant prosecutors.

Allows assistant county prosecutors, upon approval of the county prosecutor, to be compensated for other part-time employment.