Pillsbury v. Bd. of Chosen Freeholders of Monmouth County

In Pillsbury v. Bd. of Chosen Freeholders of Monmouth County, 140 N.J. Super. 410, 356 A.2d 424 (App.Div.1976), plaintiff was appointed county counsel by the Monmouth County Board of Chosen Freeholders for a term of three years pursuant to N.J.S.A. 40A:9-43. Id. at 411-12, 356 A.2d 424. After the Board "changed it political complexion" due to elections of members creating a democratic majority rather than a republican majority which existed when plaintiff was appointed county counsel, the new Board asserted a lack of trust and confidence in plaintiff. Id. at 412, 356 A.2d 424. The new Board also adopted resolutions to appoint a special county counsel and requested that plaintiff resign from his position. Ibid. Plaintiff filed an action against the Board seeking a determination by the court of the duties of county counsel and to enjoin the Board from interfering with his duties as county counsel. Ibid. The Board sought to obtain possession of the county legal files. Ibid. On appeal, we affirmed the trial court's decision, substantially for reasons stated by the trial court, but added the following which is pertinent to the present case: The post of county counsel is a public office. Gallaher v. Camden Cty., 129 N.J.L. 290, 29 A.2d 406 (Sup.Ct.1942). Except as to those positions created by the Constitution, public offices are creatures of the Legislature. The Legislature alone may determine the duties and the interrelation among the public offices it establishes. Within the constitutional framework the Legislature is the architect of the structure of government. Reilly v. Ozzard, 33 N.J. 529, 166 A.2d 360 (1960); 20 C.J.S. Counties 100 at 891. The fact that the position of county counsel is a public office is important for two reasons. It supports the constitutionality of the act of the Legislature in fixing the term, and secondly, it establishes that the attorney holding the office is not only involved in the practice of law, but also, because of his status as a public officer, has the duty of carrying on operations of government, DeMarco v. Bergen Cty. Bd. of Chosen Freeholders, 36 N.J. Super. 382, 386, 115 A.2d 635 (Law Div.1955), aff'd, 21 N.J. 136, 121 A.2d 396 (1955) . Contrary to the suppositions of the board, the office of county counsel exists for the protection of all of the citizens of the county and not solely for the benefit of the freeholders elected to govern that county. 140 N.J. Super. at 413-14, 356 A.2d 424..