New Jersey § 2b:25-4

§ 2b:25-4.

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.