IN RE TAYLOR

A-30 September Term 2007.

952 A.2d 1025 (2008)

196 N.J. 162

In the Matter of the Application of Robert L. TAYLOR, Cape May County Prosecutor, for an Order Directing the Cape May County Board of Chosen Freeholders to Appropriate Necessary Funds for the Cape May County Prosecutor's Office.

Supreme Court of New Jersey.

Decided July 28, 2008.


Attorney(s) appearing for the Case

Russell L. Lichtenstein, Atlantic City, argued the cause for appellant Cape May County Board of Chosen Freeholders (Cooper Levenson April Niedelman & Wagenheim, attorneys; Gerard W. Quinn, on the briefs).

Robert L. Taylor, Cape May County Prosecutor, argued the cause for respondent, pro se (Mr. Taylor, attorney; Mr. Taylor and John Vincent Molitor, Assistant Prosecutor, of counsel and on the briefs).

Dominick DiRocco argued the cause for amicus curiae New Jersey Association of Counties.

Robyn B. Mitchell, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Anne Milgram, Attorney General, attorney).

James T. Dugan, Assistant County Counsel, submitted a brief on behalf of amicus curiae County of Atlantic (James F. Ferguson, Atlantic County Counsel, attorney). Donna M. Whiteside, Assistant County Counsel, submitted a brief on behalf of amicus curiae County of Camden (Deborah Silverman Katz, Camden County Counsel, attorney).

John J. Scaliti, Assistant Bergen County Prosecutor, submitted a brief on behalf of amicus curiae County Prosecutors Association (Ronald J. Casella, Cumberland County Prosecutor, President, attorney; Mr. Scaliti and Catherine A. Foddai, Assistant Bergen County Prosecutor, of counsel and on the brief).

Gary D. Wodlinger, Cumberland County Counsel, submitted a brief on behalf of amicus curiae Cumberland County Board of Chosen Freeholders (Mr. Wodlinger, attorney; Jane B. Capasso, on the brief).

Cindy Nan Vogelman, Secaucus, submitted a brief on behalf of amicus curiae County of Hudson (Chasan Leyner & Lamparello, attorneys).

Joseph J. Colao, Jr., Special County Counsel, submitted a brief on behalf of amicus curiae County of Monmouth (Malcolm V. Carton, Monmouth County Counsel, attorney).

Thomas C. Miller, Somerset County Counsel, submitted a letter in lieu of brief on behalf of amicus curiae County of Somerset.

Joseph J. Bell, Jr., Warren County Counsel, submitted a brief on behalf of amicus curiae County of Warren (Mr. Bell, attorney; Mr. Bell, Kimberly Bacen and Erik A. Hassing, on the brief).


Justice WALLACE, JR., delivered the opinion of the court.

The Cape May County Prosecutor (Prosecutor) petitioned the Assignment Judge pursuant to N.J.S.A. 2A:158-7 to direct the Cape May County Board of Chosen Freeholders (County) to appropriate additional necessary funds for the Prosecutor's Office beyond the amount initially approved by the County. Most of the funds sought were for salary increases that were consistent with employees in other offices of county...

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