SENATE JUDICIARY COMMITTEE

STATEMENT TO

SENATE, No. 258

STATE OF NEW JERSEY

DATED: MARCH 7, 1996

      The Senate Judiciary Committee reports favorably Senate Bill No. 258.

      This bill would give statutory recognition to the office of the municipal prosecutor and defines the role, responsibilities and duties of the office.

      The following is a summary of the bill's provisions.

      1. Each municipal court shall have at least one municipal prosecutor appointed by the municipal governing body.

      2. Municipal prosecutors would be appointed for a term of one year, except that the governing bodies in certain municipalities meeting certain population criteria may designate different terms. They would be compensated at an annual salary fixed by the municipality.

      3. Municipalities may appoint more than one municipal prosecutor. If a municipality does appoint more than one prosecutor, a "chief municipal prosecutor," who would have authority over the other prosecutors, would be designated by the municipality.

      4. Municipal prosecutors would represent the State in the prosecution of all offenses within the statutory jurisdiction of the municipal court. A municipal prosecutor, with the approval of the municipal court, would be empowered to authorize private attorneys to prosecute citizens' complaints and could decline to participate in proceeding in which the defendant is not represented by counsel.

      5. If a finding of conflict of interest precludes a municipal prosecutor from handling a proceeding, the prosecutor may request the county prosecutor to provide representation.

      6. At the request of the municipal court or the municipal prosecutor, the Attorney General could designate lawyers from the Attorney General's office or assistant prosecutors to prosecute in a municipal court if there is a vacancy in the office of municipal prosecutor or if the prosecutor is temporarily unavailable.

      7. The Attorney General or a county prosecutor may supersede a municipal prosecutor and handle a prosecution in a municipal court if in their opinion the public interest of the State would be promoted.

      8. If because of a vacancy in the office of the municipal prosecutor, the Attorney General or a county prosecutor is required to handle matters in a municipal court, their offices would be entitled to reimbursement for costs including the compensation of their staff.

      9. A municipal prosecutor may be removed by the municipal governing body for good cause after a hearing and an opportunity to be heard.

      10. The Attorney General is authorized to establish training programs for municipal prosecutors.