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PASSAIC CTY. PROS. v. PASSAIC CTY. BD. OF CHOSEN FREEHOLDERS

159 N.J. Super. 258 (1978)

387 A.2d 1219

PASSAIC COUNTY PROSECUTOR, BURRELL IVES HUMPHREYS, PLAINTIFF-RESPONDENT, v. PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS AND PASSAIC COUNTY TREASURER, RICHARD DE MARCO, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 2, 1978.

Attorney(s) appearing for the Case

Mr. Martin Verp, Passaic County Counsel, attorney for appellants (Mr. James V. Convery, Assistant County Counsel, on the brief).

Mr. Burrell Ives Humphreys, Passaic County Prosecutor, attorney for respondent (Mr. Gary H. Schlyen, Assistant Prosecutor, of counsel and on the brief).

Mr. John J. Degnan, Attorney General, amicus curiae (Mr. William F. Hyland, former Attorney General) (Mr. Richard W. Berg, Deputy Attorney General, of counsel and on the brief).

Before Judges ALLCORN, MORGAN and HORN.

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

The issue in this case is whether assistant county prosecutors and county investigators must be residents of the county for which the appointing officer is prosecutor.

The events which brought this issue to us commenced with the refusal of defendants, the county and its treasurer, to pay the salaries of an assistant prosecutor and a county investigator who were duly appointed by plaintiff prosecutor. The...

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