Municipal Police Officer Serving as Municipal Prosecutor Inquirer is a full-time municipal police officer currently holding the rank of sergeant and a member of the New Jersey Bar. She asks whether she may accept an appointment to simultaneously serve as municipal prosecutor in the same municipality. Inherent in this situation is the continuing professional association of the inquirer with fellow police officers, some of whom may report to and take direction from her.
Police officers bring charges and testify against defendants in the municipal court.
As municipal prosecutor, the inquirer is obligated to refrain from prosecuting a charge that she knows is not supported by probable cause. Therefore, the issue is whether an appearance of impropriety arises from inquirer's handling of matters in which her associates, and in some cases subordinates, are involved. Given that inquirer intends to remain as a full-time police officer during her service as municipal prosecutor, the question virtually answers itself. Under ordinary circumstances, the municipal prosecutor frequently works with the police officers in the municipality. The manner in which facts are presented would be the decision of the prosecutor and frequently the manner of presentation can make a significant difference in the result.