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COYLE v. BD. OF CHOSEN FREEHOLDERS OF WARREN CTY.

774 A.2d 559 (2001)

340 N.J. Super. 277

John J. COYLE, Jr., Plaintiff-Respondent, v. THE BOARD OF CHOSEN FREEHOLDERS OF WARREN COUNTY, John Dimaio, individually, Michael Doherty, individually, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided May 3, 2001.

Attorney(s) appearing for the Case

John H. Dorsey, Boonton, argued the cause for appellants (Dorsey and Fisher, attorneys; Joseph J. Bell, Jr., and Giselle Lupianez, of counsel and on the brief).

Michael J. Perrucci, Phillipsburg, argued the cause for respondent (Fischbein, Badillo, Wagner & Harding, attorneys; Maureen A. Coyle-Martyak, on the brief).

John J. Farmer, Jr., Attorney General, attorney for amicus curiae (Nancy Kaplen, Assistant Attorney General, of counsel; John P. Bender, Assistant Attorney General, and Daniel P. Reynolds, Senior Deputy Attorney General, on the brief).

Before Judges STERN, A.A. RODRIGUEZ and FALL.

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

This appeal requires us to decide if the Warren County Board of Chosen Freeholders ("Board") can terminate its County Counsel, without cause, prior to the end of his three year statutory term of office. Because there is no dispute that the County Counsel is a legal position held by a lawyer subject to the Supreme Court's plenary power governing the practice of law,1 and because...

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