Bill

Bill > S922


NJ S922

NJ S922
Bars individual from serving as county prosecutor in acting capacity for longer than one year, including pending nominee for position.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

Under the New Jersey Constitution and statutory law, certain public offices must be filled by nomination and appointment of the Governor with the advice and consent of the Senate. These positions include county prosecutors as the head of county prosecutor offices; See, N.J. Const. (1947) Art. VII, Sec. 2, par. 1. This bill provides that no person, including a pending nominee for the position, shall serve in an acting capacity as a county prosecutor for a period of more than one year. When the name of a person serving in an acting capacity as a county prosecutor is not submitted in nomination to the Senate prior to the end of that one year, the person serving in an acting capacity shall vacate that position at the end of the one year period. The bill further provides that, when any person is serving in an acting capacity as a county prosecutor on the effective date of the bill, and the Governor has not submitted that person's name in nomination to the Senate to serve in that capacity on a permanent basis, the Governor shall nominate that person within 30 days of that effective date, or at the next Senate session, whichever is sooner, or the person shall vacate that position.

AI Summary

This bill establishes a one-year limit for anyone serving as an acting county prosecutor, meaning a prosecutor who is temporarily filling the role without being officially appointed. This limit applies even if someone is already nominated for the permanent position. If a person serving in an acting capacity is not formally nominated for the permanent role by the Governor to the Senate within that one-year period, they must step down. For individuals already serving as acting county prosecutors when this bill becomes law, if their nomination for the permanent position hasn't been submitted to the Senate, the Governor must nominate them within 30 days of the bill's effective date or by the next Senate session, whichever comes first, otherwise, they will also have to vacate their acting position. This aims to ensure that county prosecutor positions are filled permanently in a timely manner, as these roles are crucial for county law enforcement and are typically filled through a nomination and confirmation process involving the Governor and the Senate.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)

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