STATEMENT TO

 

SENATE, No. 258

 

with Senate Floor Amendments

(Proposed By Senator GIRGENTI)

 

ADOPTED: JUNE 16, 1997

 

 

      S258 would establish statutory the office of municipal prosecutor. These amendments would clarify that:

      1. In municipalities which presently provide for the appointment of the municipal prosecutor by corporation counsel, the appointing power would continue to be the corporation counsel.

      2. Municipalties are permitted to set compensation for municipal prosecutors in any manner which they deem approprate including on a per diem, hourly or annual basis.

      3. In any case in which a municipal prosecutor has a conflict of interest, the municipal court may request that the county prosecutor provide representation unless the municipality has provided for alternative representation.

      4. If there is a vacancy in the office of the municipal prosecutor, the municipal court may request that the Attorney General or the county prosecutor designate a member of their staff to act as municipal prosecutor unless the municipality has provided for alternative representation.