New Jersey S 3164: Requires State Treasurer to reimburse county treasurer for defense costs and administrative expenses incurred by county in defending certain lawsuits during supersedure of county prosecutor by Attorney General.

Bill Text

S3164 

SENATE, No. 3164 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator NICHOLAS P. SCUTARI

District 22 (Somerset and Union)

SYNOPSIS

���� Requires State Treasurer to reimburse county 
treasurer for defense costs and administrative expenses incurred by county in 
defending certain lawsuits during supersedure of county prosecutor by Attorney 
General.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning certain county costs and amending N.J.S.2A:158-7 
and P.L.1970, c.74.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 

���� 1. N.J.S.2A:158-7 is amended 
to read as follows:

���� �2A:158-7. Except as provided 
in section 2 of P.L.2019, c.233 (C.2A:158-7.1) and section 10 of P.L.1970, 
c.74 (C.52:17B-106), �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.

(cf: P.L.2019, c.233, s.1)������ 

���� 2. Section 10 of P.L.1970, 
c.74 (C.52:17B-106) is amended to read as follows:. 

���� 10. a. Whenever 
requested in writing by the Governor, the Attorney General shall, and whenever 
requested in writing by a grand jury or the board of [chosen freeholders] county 
commissioners of a county or the assignment judge of the superior court for 
the county, the Attorney General may supersede the county prosecutor for the 
purpose of prosecuting all of the criminal business of the State in said 
county, intervene in any investigation, criminal action, or proceeding 
instituted by the county prosecutor, and appear for the State in any court or 
tribunal for the purpose of conducting such investigations, criminal actions or 
proceedings as shall be necessary for the protection of the rights and 
interests of the State.

���� b. Whenever the 
Attorney General shall have superseded a county prosecutor [as aforesaid,] pursuant 
to subsection a. of this section:

���� (1) the county 
prosecutor, the assistant county prosecutors and other members of the staff of 
the county prosecutor shall exercise only such powers and perform such duties 
as are required of them by the Attorney General; and

���� (2) the State Treasurer 
shall reimburse the county treasurer for defense costs and administrative 
expenses incurred by the county during the supersedure in defending any civil 
action brought against the Attorney General in the Attorney General�s role as acting 
county prosecutor. As used in this paragraph, �administrative expenses� 
includes, but is not limited to, expenses concerning personnel matters.

(cf: P.L.1970, c.74, s.10)

���� 3. This act shall take effect 
immediately.

STATEMENT

���� This bill requires the State 
Treasurer to reimburse the county treasurer for defense costs and 
administrative expenses incurred by the county in defending civil actions brought 
against the Attorney General when the Attorney General serves as acting county 
prosecutor.

���� Under current law, the 
Attorney General may supersede a county prosecutor when requested by the 
Governor, a grand jury, or the board of county commissioners. During the 
supersedure, a representative� of the Attorney General�s office acts as 
temporary county prosecutor for the purpose of prosecuting crimes in the 
county, intervening in investigations, criminal actions, or proceedings, and 
appearing in court. 

���� This bill is in response to a 
recent case involving an acting county prosecutor serving during supersedure. 
The acting county prosecutor was sued for discrimination by employees of the 
county prosecutor�s office. The Attorney General refused to defend and 
indemnify the acting county prosecutor, who was an employee of the Office of the 
Attorney General and was asked to serve in the role. The Attorney General�s 
refusal was upheld by the Appellate Division. The court held that the law 
requires the State to defend and indemnify an acting county prosecutor only if 
a lawsuit is based on law enforcement functions carried out by the acting 
prosecutor.� However, the court ruled, if