Pillsbury v. Monmouth County Bd. of Chosen Freeholders

In Pillsbury v. Monmouth County Bd. of Chosen Freeholders, 133 N.J. Super. 526, 337 A.2d 632 (Law Div.1975), aff'd, 140 N.J. Super. 410, 356 A.2d 424 (App.Div.1976), the court considered the attempt by the Board to appoint Special Counsel for the purpose of performing many of the duties of the sitting County Counsel. It should be noted that in the Freeholder form of government, the Board appointed County Counsel and there was no statutory Board Counsel. In deciding the issue, the Court noted that: Under appropriate circumstances a board may even appoint special counsel for specific and probably extraordinary legal matters. But, as stated, this authority is circumscribed in that it may not be done as a guise to obscure the real intention to strip the duly and regularly appointed counsel of his power and responsibilities as counsel. Id. at 537, 337 A.2d 632. By analogy, the Board in Pillsbury had the authority to appoint the County Counsel, similar to the authority of the Board in this case to appoint Board Counsel. In addressing the appointment of Special Counsel, the court restricted this authority to specific and extraordinary legal matters. Moreover, the court cautioned that such measures may not be undertaken for the purpose of undermining the appointed powers of the County Counsel. Id.