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KEENAN v. BD. OF CHOSEN FREEHOLDERS OF ESSEX CTY

106 N.J. Super. 312 (1969)

255 A.2d 786

JOHN B. KEENAN, SUPERINTENDENT OF ELECTIONS OF ESSEX COUNTY, AND COMMISSIONER OF REGISTRATION OF ESSEX COUNTY, WITHIN THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF ESSEX, A BODY POLITIC OF THE STATE OF NEW JERSEY; HARRY LERNER, TREASURER OF THE COUNTY OF ESSEX, AND HENRY A. PEER, TREASURER-ELECT OF SAID COUNTY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1969.

Attorney(s) appearing for the Case

Mr. Herman W. Kapp argued the cause for appellant.

Mr. Irwin I. Kimmelman argued the cause for respondents.

Mr. Arthur J. Sills, Attorney-General, filed an amicus curiae brief (Mr. Stephen Skillman, Deputy Attorney General, of counsel; Mr. Kenneth M. Olex, Deputy Attorney General, on the brief).

Before Judges CONFORD, KILKENNY and LEONARD.

The opinion of the court was delivered by LEONARD, J.A.D.

Plaintiff is the Superintendent of Elections and the Commissioner of Registration of Essex County (superintendent). The significant issue on appeal is whether plaintiff has the authority to appoint his own counsel, whose salary is to be paid by defendant board, to render legal assistance and advice to him in aid of the discharge of his duties as superintendent...

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