N.J. Stat. tit. 2A, ch. 158

in effect

N.J. Stat. § 2A:158-1 Appointment of county prosecutor; general duties

There shall be appointed, for each county, by the governor with the advice and consent of the senate to serve for a term of 5 years and until the appointment and qualification of his successor, some fit person who shall have been admitted to the practice of law in this state for at least 5 years, who shall be known as the county prosecutor and who, except as otherwise provided by law, shall prosecute the pleas of the state in such county and shall have all of the powers and perform all of the duties formerly had and performed by the prosecutor of the pleas of such county. As the term of the prosecutor of the pleas of any county shall expire there shall be appointed in his place and stead such county prosecutor. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:158-1a Preparation of annual budget request by county prosecutor.

10. A county prosecutor shall prepare the annual budget request for the county prosecutor's office pursuant to the requirements of section 3 of P.L.2015, c.249 (C.40A:4-45.45b). L.2015, c.249, s.10.

N.J. Stat. § 2A:158-1.1 Other gainful employment by prosecutor; prohibition; exception

Any person appointed to the office of county prosecutor shall devote his entire time to the duties of his office and shall not engage in the practice of law or other gainful employment, except those appointed to that office in counties of the third class having a population between 65,000 and 85,000. No exception to the requirement that a prosecutor serve on a full-time basis shall be permitted on or after April 14, 1986. L.1970, c. 6, s. 1, eff. Feb. 9, 1970. Amended by L.1972, c. 33, s. 1, eff. May 25, 1972; L.1975, c. 149, s. 1, eff. July 9, 1975; L.1976, c. 15, s. 1, eff. April 5, 1976; L.1976, c. 118, s. 1, eff. Nov. 16, 1976; L.1978, c. 6, s. 1, eff. March 17, 1978; L.1978, c. 24, s. 1, eff. May 23, 1978; L.1980, c. 43, s. 1, eff. June 23, 1980; L.1981, c. 462, s. 10; L.1983, c. 288, s. 2; L.1983, c. 300, s. 1.

N.J. Stat. § 2A:158-2 County prosecutor substituted for prosecutor of the pleas

In any statute in which the designation "prosecutor of the pleas" is used, it shall be construed to mean the county prosecutor. Until the term of any existing prosecutor of the pleas shall expire and a county prosecutor be appointed to succeed him as provided in this article, such prosecutor of the pleas shall have all of the powers, perform all of the duties and be entitled to the compensation of a county prosecutor for such county. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:158-3 Oath of prosecutors

2A:158-3. Every person appointed county prosecutor shall, before entering upon the duties of his office, take and subscribe before the clerk of the county for which he has been appointed, or before a judge of the Superior Court, the following oath: "I, .................. , do solemnly promise and swear (or affirm), that I will faithfully, justly and impartially execute the duties of county prosecutor of this State, in and for the county of .................... , to the best of my abilities and understanding. So help me God." L.1951 (1st SS), c.344; amended 1991,c.91,s.125.

N.J. Stat. § 2A:158-4 Exclusive jurisdiction of prosecutors over criminal business; exceptions

The criminal business of the State shall be prosecuted by the Attorney General and the county prosecutors. L.1951 (1st SS), c.344; amended by L.1970, c. 74, s. 20, eff. May 21, 1970.

N.J. Stat. § 2A:158-5 Powers, duties and liabilities of prosecutors

Each prosecutor shall be vested with the same powers and be subject to the same penalties, within his county, as the attorney general shall by law be vested with or subject to, and he shall use all reasonable and lawful diligence for the detection, arrest, indictment and conviction of offenders against the laws. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:158-6 Fees of prosecutors

The same fees shall be payable for the services of prosecutors as are by law made payable for similar services of the attorney general. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:158-7 Expenses of prosecutor in enforcement of laws.

2A:158-7. Except as provided in section 2 of P.L.2019, c.233 (C.2A:158-7.1), all necessary expenses incurred by the prosecutor for each county in the detection, arrest, indictment and conviction of offenders against the laws shall, upon being certified to by the prosecutor and approved, under his hand, by a judge of the Superior Court, be paid by the county treasurer whenever the same shall be approved by the board of chosen freeholders of such county. The amount or amounts to be expended shall not exceed the amount fixed by the board of chosen freeholders in its regular or emergency appropriation, unless such expenditure is specifically authorized by order of the assignment judge of the Superior Court for such county; however, the assignment judge shall consider the financial impact of such an order on the governing body of the county, its residents, the limitations imposed upon the local unit's property tax levy pursuant to subsection b. of section 10 of P.L.2007, c.62 (C.40A:4-45.45), and county taxpayers. amended 1991, c.91, s.126; 2015, c.249, s.1; 2019, c.233, s.1.

N.J. Stat. § 2A:158-7.1 Reimbursement for certain expenses of office of county prosecutor.

2. The State Treasurer shall reimburse the county treasurer for expenses incurred prior to and following the effective date of P.L.2019, c.233 (C.2A:158-7.1 et al.) by the office of the county prosecutor for the oversight of the operations of a State or interstate law enforcement agency. The provisions of this section shall apply to any expenses incurred beginning January 1, 2017 until the date on which the county prosecutor is no longer required to oversee the operations of the State or interstate law enforcement agency. The reimbursement for expenses incurred prior to the effective date of this act shall be paid upon the submission by the county treasurer to the Department of the Treasury any documentation as the State Treasurer may require. The reimbursement for expenses incurred following the effective date of this act shall be paid on a quarterly basis until the county prosecutor is no longer required to oversee the operations of the State or interstate law enforcement agency. The county treasurer shall transfer the payments made pursuant to this section to the office of the county prosecutor to be used to carry out the functions of that office. L.2019, c.233, s.2.

N.J. Stat. § 2A:158-8 Expenses of prosecutors in enjoining nuisances under federal law

2A:158-8. Whenever the prosecutor of any county shall bring an action, as authorized by the laws of the United States, to enjoin a nuisance as defined by the laws of the United States, all necessary expenses incurred thereby, certified to and approved under his hand by a judge of the Superior Court shall be paid by the county treasurer whenever the same shall be approved by the board of chosen freeholders of such county. L.1951 (1st SS), c.344; amended 1991,c.91,s.127.

N.J. Stat. § 2A:158-9 Temporary prosecutors; appointment by court; powers; compensation

2A:158-9. In the absence of the attorney general and of the county prosecutor, at any session of the Superior Court, the Assignment Judge of the Superior Court may appoint a fit person to prosecute the pleas of the State during that session. The person so appointed, on taking the oath or affirmation prescribed by N.J.S.2A:158-3, shall be vested, during such session, with the powers of a prosecutor, and be entitled to the same compensation and subject to the same penalties. L.1951 (1st SS), c.344; amended 1991,c.91,s.128.

N.J. Stat. § 2A:158-10 Salaries of county prosecutors.

2A:158-10. County prosecutors shall receive annual salaries to be fixed by the governing body of the county at $204,166.50 beginning on January 1, 2024 and thereafter. Beginning on January 1, 2025 and on January 1 of each year for two years thereafter, the amount of the annual salary determined for the prior calendar year shall be adjusted annually by the State Treasurer in direct proportion to the percent change in the Consumer Price Index over a 12-month period beginning November 1 and ending October 31. For the purpose of this section, "Consumer Price Index" means the Consumer Price Index for All Urban Consumers, New York-Northern New Jersey-Long Island Metropolitan Area, All Items (1982-84=100), as published by the Bureau of Labor Statistics in the United States Department of Labor. The State Treasurer shall determine the amount of the adjustment by December 1 of each year and the adjustment shall become effective for payments to be made during the calendar year following the determination, beginning with payments made on or after January 1 of each calendar year. An adjustment in the annual payment shall be made only if the percent change in the Consumer Price Index for the period specified is greater than zero. Such an annual adjustment shall in no event be greater than 2 percent. If the reference base of the index is changed, the index used to determine the Consumer Price Index shall be the index converted to the new base by standard statistical methods. The first adjustment determination shall be made by December 1, 2024 and applicable to payments commencing on January 1, 2025. The final adjustment shall be made on December 1, 2026 and be applicable for payments commencing on January 1, 2027. No further adjustments shall be made thereafter. There shall be appropriated annually to the Department of Community Affairs for payment to each county for additional salary costs resulting from the increase in the salary of county prosecutors an amount equal to the amount by which the annual salary paid to the county prosecutor under this section exceeds $100,000.00. amended 1952, c.263, s.1; 1961, c.41, s.1; 1968, c.145, s.1; 1980, c.45; 1981, c.462, s.11; 1983, c.288, s.1; 1995, c.424, s.2; 1996, c.99, s.1; 1999, c.380, s.5; 2007, c.350, s.2; 2018, c.14, s.4; 2024, c.56, s.3.

N.J. Stat. § 2A:158-13 Payment of salaries of prosecutors; fees and costs paid to county

The salaries of prosecutors shall be paid at the same times and in the same manner as other county salaries are paid, and shall be in lieu of all fees and costs or other compensation or allowances whatsoever. All fees and costs allowed by law to the respective prosecutors shall be taxed in the bills of costs in the manner provided by law, and when collected in the manner provided by law, shall be paid into the treasury of the respective counties for the use thereof. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:158-15 Assistant prosecutors; number; appointment; designation; terms of office; oath of office

Assistant prosecutors in and for the respective counties may be appointed by the prosecutors of such counties as hereinafter provided, who shall hold their appointments at the pleasure of the respective prosecutors, and shall, before entering upon the performance of the duties of their appointments, take, before a judge of the Superior Court or the Clerk of the Superior Court of the county in and for which they are appointed, an oath or affirmation to faithfully perform the duties of the office to the best of their ability. a. In counties of the first class, the county prosecutor may appoint 15 assistant prosecutors, one of whom shall be designated as first assistant prosecutor. b. In counties of the second class, the county prosecutor may appoint six assistant prosecutors, one of whom shall be designated as first assistant prosecutor. c. In counties of the fifth class and counties of the third class having a population in excess of 120,000, the county prosecutor may appoint three assistant prosecutors, one of whom may be designated as first assistant prosecutor. d. In all other counties the prosecutor may appoint one assistant prosecutor who may be designated first assistant prosecutor. Creation of new or additional positions of assistant prosecutor as authorized by paragraphs a. through d. of this section, as hereby amended, shall require authorization by the governing body of the county. Assistant prosecutors in addition to those provided for in paragraphs a. through d. of this section may be appointed by the county prosecutor in any county of the State where there appears to be a reasonable necessity therefor, if approved by order of the assignment judge and by resolution of the governing body of the county. L.1951 (1st SS), c.344; amended by L.1961, c. 41, p. 413, s. 2; L.1981, c. 462, s. 12.

N.J. Stat. § 2A:158-15.1b Regulations relative to employment of assistant prosecutors.

3. a. Except as provided in subsection b. of this section, assistant prosecutors shall devote their entire time to the duties of their office and shall not engage in the practice of law or other gainful employment. b. Notwithstanding the provisions of subsection a. of this section, an assistant prosecutor may engage in limited outside employment or provide services as an independent contractor, under such terms and conditions as the county prosecutor deems appropriate, if: (1) the county prosecutor has deemed the employment or services as not inconsistent with the duties of the office of assistant prosecutor; (2) the employment or services do not involve the private practice of law or the provision of other legal services; and (3) the employment or services do not qualify the assistant prosecutor for membership in any State-administered pension system. c. Nothing in subsection b. of this section shall be construed to: (1) limit the discretion of the county prosecutor to disapprove a request from an assistant prosecutor to engage in employment or services or to require an assistant prosecutor to terminate employment or services otherwise authorized under this section; or (2) create an affirmative right for any assistant prosecutor to engage in employment or services without the approval of the county prosecutor. L.2009, c.285, s.3.

N.J. Stat. § 2A:158-15.3 Salaries of first assistant, principal assistant, assistant prosecutors

2. a. The annual salary of a first assistant prosecutor, a county prosecutor's principal assistant or an assistant prosecutor shall be determined by the board of chosen freeholders on recommendation of the county prosecutor. b. The salary of any person serving as a first assistant prosecutor, a county prosecutor's principal assistant or an assistant prosecutor prior to the effective date of P.L.1996, c.99 (C.2A:158-15.3 et al.) may not be reduced pursuant to the provisions of subsection a. of this section. L.1996,c.99,s.2.

N.J. Stat. § 2A:158-18 Powers and duties of assistant prosecutors

In any county any of the assistant prosecutors of such county may attend the sessions of the grand jury of such county, and render therein any service or perform any duty that might be rendered or performed by the prosecutor of such county if he were present. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:158-18.1 Legal assistant to county prosecutor in first class counties of 800,000 or less

In counties of the first class having a population not in excess of eight hundred thousand there is created in the office of the county prosecutor, the office or position of legal assistant to the county prosecutor which shall be in the unclassified service of the civil service. The prosecutor of each of the said counties may appoint, subject to the approval hereinafter required, suitable persons to said office or position, not in excess of twelve and at salaries not less than six thousand dollars ($6,000.00) nor more than nine thousand dollars ($9,000.00) annually. Every such legal assistant shall serve at the pleasure of the county prosecutor and be subject to removal by such prosecutor. Before entering upon the performance of his duties every such legal assistant shall take and subscribe, before the county clerk of the county in and for which he is appointed, an oath to perform the duties of his office faithfully, impartially and justly to the best of his ability. L.1953, c. 307, p. 1848, s. 1, eff. July 28, 1953.

N.J. Stat. § 2A:158-18.2 Approval of appointment of legal assistant

Every appointment of such a legal assistant and the amount of his salary shall be made subject to the approval of the board of chosen freeholders or the Superior Court assignment judge of the county. Such approval shall not be required in the filling of vacancies. L.1953, c. 307, p. 1848, s. 2.

N.J. Stat. § 2A:158-19 Tenure of office of secretaries and stenographers in office of county prosecutor and office of county detective in certain counties

L.1939, c. 271, p. 694, section 1 of an act entitled "An Act providing for and regulating tenure of office and service for persons holding secretarial and stenographic positions in the office of the prosecutor of the pleas and the office of county detectives in counties having a population of not less than eighty-two thousand nor more than one hundred and seventy-five thousand." saved from repeal. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:158-20 Suspension, discharge or decrease of compensation of secretaries and stenographers

L.1939, c. 271, p. 694, section 2 of an act entitled "An Act providing for and regulating tenure of office and service for persons holding secretarial and stenographic positions in the office of the prosecutor of the pleas and the office of county detectives in counties having a population of not less than eighty-two thousand nor more than one hundred and seventy-five thousand." saved from repeal. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:158-21 Prohibited political activity of county prosecutors, assistant prosecutors or legal assistants

No county prosecutor, assistant prosecutor or legal assistant to a prosecutor, while holding any such office or position, shall (1) be a candidate for election to, or hold, any elective public office or any office or position with any political party or club, or (2) in connection with the candidacy of any person for public office, sign or authorize the use of his name in connection with political or campaign literature or material, or print or publish in order to distribute such political or campaign literature or material; provided, however, that the prohibition against holding office contained in this act shall not prevent any individual, holding or filling any such office as of the effective date of this act, from completing any term of office for which he has heretofore been elected or chosen; and provided further that nothing herein contained shall be construed to prohibit any such prosecutor, assistant prosecutor or legal assistant from being a candidate for election to, or from holding, the office or position of delegate or alternate to the national convention of any political party. L.1964, c. 168, s. 1.

N.J. Stat. § 2A:158-22 Removal of certain information from websites concerning prosecutions by county prosecutors.

2. a. For all indictments and prosecutions by the county prosecutor of persons who were thereafter acquitted of all criminal charges against them arising from the indictment or prosecution or persons who had all criminal charges against them dismissed with prejudice, if the county prosecutor published on its website a press release or information, other than information required to be made available to the public under section 3 of P.L.1963, c.73 (C.47:1A-3), concerning the indictment or prosecution which identified the person by name, upon written request of that person, the county prosecutor shall cause that press release or information to be removed from its website or inform the public on its website that the person who was indicted or prosecuted was acquitted of the criminal charges or that the criminal charges were dismissed. b. Upon written request, the county prosecutor shall provide a letter to any person who was indicted or prosecuted by the county prosecutor and was thereafter acquitted of all criminal charges arising from the indictment or prosecution or who had all criminal charges against him dismissed with prejudice, indicating that the person was acquitted of, or that there was a dismissal with prejudice of, all criminal charges arising from the indictment or prosecution. L.2017, c.18, s.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026