Rule 3:23-9 Prosecuting Attorney Defined
Rule 3:23 — Appeals From Judgments of Conviction In Courts of Limited Criminal Jurisdiction
Rule Text
In all appeals under R. 3:23 the prosecuting attorney shall be:
(a) The Attorney General, where required by law.
(b) The municipal attorney, in a case involving a violation of a municipal ordinance.
(c) The county prosecutor, in all other cases.
(d) With the assent of the prosecuting attorney and the consent of the court, the attorney for a complaining witness or other person interested in the prosecution may be permitted to act for the prosecuting attorney; provided, however; that the court has first reviewed the attorney certification submitted on a form prescribed by the Administrative Director of the Courts, ruled on the contents of the certification, and granted the attorney's motion to act as private prosecutor for good cause shown. The finding of good cause shall be made on the record.
Amendment history: Source--R.R. 3:10-13. Paragraph (b) amended September 5, 1969 to be effective September 8, 1969; paragraph (d) amended November 22, 1978 to be effective December 7, 1978; paragraph (d) amended July 11, 1979 to be effective September 10, 1979; amended July 28, 2004 to be effective September 1, 2004.