State v. McNamara

In State v. McNamara, 212 N.J. Super. 102, 514 A.2d 63 (App.Div.1986), certif. denied, 108 N.J. 210, 528 A.2d 30 (1987), the defendant argued that he was entitled to a new trial because the trial judge was the First Assistant Prosecutor at the time the indictment was returned. Id. at 108, 514 A.2d 63. The Court observed that the first assistant had general supervisory responsibility over the work of the prosecutor's office but no personal involvement with defendant. Id. at 109, 514 A.2d 63. The Court also referred to a Supreme Court directive which required recusal of a judge who had previously served as an assistant prosecutor only when the judge had personally prosecuted the defendant. Id. at 108, 514 A.2d 63. Therefore, recusal was not required in McNamara because the judge had not personally prosecuted the defendant.