STATE of New Jersey, Plaintiff-Appellant,
v.
Robert F. CLARK, Defendant-Respondent.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued October 12, 1999.
Decided January 19, 2000.
Attorney(s) appearing for the Case
Glenn Berman, Middlesex County Prosecutor, for plaintiff-appellant (Mr. Berman, attorney; Simon Louis Rosenbach, Assistant Prosecutor, on the brief).
Kevin G. Byrnes, Designated Counsel, for defendant-respondent (Ivelisse Torres, Public Defender, attorney).
Carol M. Henderson, Deputy Attorney General, for amicus curiae Attorney General of New Jersey (John J. Farmer, Jr., Attorney General, attorney).
Joan D. Van Pelt, Deputy Public Defender, for amicus curiae Office of the Public Defender (Ivelisse Torres, Public Defender, attorney; Michael B. Jones, Assistant Deputy Public Defender, of counsel and on the brief).
Michael A. Gill, Atlantic City, submitted a brief on behalf of amici curiae Atlantic, Burlington and Camden County Municipal Prosecutors Associations (Goldenberg, Mackler, Sayegh & Mintz, attorneys).
Matthew S. Rogers and Robert B. Hille, Hackensack, submitted a brief on behalf of amicus curiae Bergen County Bar Association (Contant, Scherby & Atkins, attorneys).
Dennis Alan Auciello, New Brunswick, submitted a brief on behalf of amicus curiae Middlesex County Bar Association.
Joseph F. DeFino, Oakhurst, submitted a brief on behalf of amicus curiae Monmouth County Municipal Prosecutors Association (Jacobowitz, Grabelle, DeFino, McGoughran & Latimer, attorneys).
Raymond A. Noble, New Brunswick and Daniel M. Waldman, Red Bank, submitted a brief on behalf of amicus curiae New Jersey State Bar Association.
John C. Gillespie, Marlton, submitted a brief on behalf of amici curiae New Jersey State League of Municipalities and New Jersey Institute of Municipal Attorneys (Parker, McCay & Criscuolo and Kearns, Vassallo, Guest & Kearns, attorneys).
Joseph J. Bell, Denville, submitted a brief on behalf of amicus curiae Morris County Municipal Prosecutors Association (Joseph J. Bell & Associates, attorneys).
Supreme Court of New Jersey.
The opinion of the Court was delivered by COLEMAN, J.
The critical issue raised in this appeal is whether a municipal prosecutor can simultaneously serve as a defense attorney in a criminal matter pending in the Superior Court of the county in which he or she serves as prosecutor. The Appellate Division adopted a bright-line rule and held that such a prosecutor may not, and, as a result, reversed defendant's conviction. Although we agree with the Appellate Division...
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