NJ S3164

State Treasurer must reimburse county treasurers for defense costs and administrative expenses when counties defend civil lawsuits filed against the Attorney General while serving as acting county prosecutor during a supersedure.

Administrative expenses eligible for reimbursement include personnel matters and other costs incurred during the supersedure period.

The bill responds to the 2022 Appellate Division ruling in In re Ruotolo, which held the State only had to defend acting prosecutors for law enforcement functions, not administrative functions like discrimination lawsuits.

Supersedure occurs when the Attorney General takes over prosecution duties from a county prosecutor at the written request of the Governor, a grand jury, county commissioners, or the Superior Court assignment judge.

The bill amends N.J.S.2A:158-7 and P.L.1970, c.74 to expand state financial responsibility for all civil actions against acting county prosecutors, regardless of whether claims involve law enforcement or administrative functions.