By permitting private citizens, acting either on their own or through private counsel, to appear in municipal court, Rule 7:4-4(b) facilitates access to municipal courts. Because of the heavy caseload, municipal prosecutors cannot prosecute every complaint. Both this Court and the Legislature continue to recognize the role of private prosecutors. Rule 7:4-4(b) perpetuates the practice of private prosecution, which has its origins in ancient England. Because Hedesh's obligations to Young as her private attorney creates at least the appearance that he could not act as a private prosecutor with impartiality, Hedesh should not be allowed to prosecute Storm.ฤก. HELD: Whenever an attorney for a private party applies to prosecute a complaint in the municipal court, the court should determine whether to permit the attorney to proceed. The Supreme Court granted the Middlesex County Prosecutor's motion for leave to appeal. The Appellate Division directed the municipal court to order the municipal prosecutor to prosecute the complaints. The Appellate Division granted leave to appeal and reversed, finding that Hedesh had a conflict of interest that impinged on Storm's right to a fair trial. The Law Division denied Storm's motion for leave to appeal. The municipal court denied the motion and permitted Hedesh to prosecute the municipal court complaint. Lehrich argued that Hedesh's representation of Young in the civil action prevented him from acting as an impartial prosecutor. In the municipal court, Storm's attorney, Richard Lehrich, Esq., moved to disqualify Hedesh as a prosecutor. Hedesh represented Young in defending that complaint. The complaint alleged that Young intentionally had issued to Storm a bad check for vacation expenses. While the municipal court charges were pending against him, Storm filed a civil complaint against Young. Woodbridge does employ a prosecutor, but he or she does not prosecute private complaints. The Woodbridge Municipal Court permitted Robert Hedesh, Esq., private counsel for complainant, Pamela Young, to prosecute Young's complaints against Richard Storm for stalking and harassment. Under Rule 7:7-4(b), at the request of the prosecutor, or if the prosecutor does not appear, any attorney may appear on behalf of any complaining witness and prosecute the action for and on behalf of the State or the municipality. The issue on appeal is whether Rule 7:7-4(b) permits private counsel for a complainant to prosecute a complaint in the municipal court. POLLOCK, J., writing for a unanimous Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized). It has been neither reviewed nor approved by the Supreme Court. It has been prepared by the Office of the Clerk for the convenience of the reader. (This syllabus is not part of the opinion of the Court.
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