BY KAREN E. BOWES
Staff Writer

SPRING LAKE HEIGHTS - After a nine-month study aimed at removing politics from choosing a lawyer, the Monmouth County Freeholders voted 3-2 to reinstate politically connected Malcolm Carton as their top counsel.

The contradictory decision occurred Thursday in Spring Lake Heights, where the freeholders met for a regular session.

Carton, who has held the job since 1985, is a well-known Republican presence in Monmouth County. In 2002, he acted as campaign manager for Republican Assemblyman Sean Kean (R-Monmouth).

"Where are the new people?" asked James Martin, a resident of Spring Lake Heights. "I thought this was about cleaning house."

The study, led by freeholders Lillian Burry and Robert Clifton, concluded that the county counsel cannot "make any campaign contribution to the campaign committee, joint campaign committee or any election fund of any candidate for Monmouth County office," according to the resolution. Attending political "cocktail parties" will also no longer be allowed, Clifton explained.

Freeholders Burry, Ted Narozanick and William Barham voted in favor of reinstating Carton.

"This study was never about a house cleaning," Barham said.

In 2005, Carton fell under criticism for not providing detailed expense reports. In particular, former Freeholder Amy Handlin was critical of Carton in this regard.

The freeholders' 2005 legal budget was $2.3 million, according to county Public Information Officer William Heine. The new changes aim to lower that digit by 10 percent.

However, it is unclear as to how much of the total budget was earned by Carton. On Monday, Heine was unable to provide an approximate annual salary for Carton, saying the numbers are "not broken down by lawyer."

Clifton said part of the study's aim was "to curtail the amount of money spent in the legal department." To this end, Carton will not be hired as an in-house employee because of the cost associated with keeping an onsite office, Clifton said.

Also, the hourly rate for special counsels, their assistants and paralegals has been lowered by 10 percent, Burry explained. The county will no longer provide health insurance to Carton or any additional lawyers, at an additional savings of $162,000 per year.

Further, Carton will no longer be in charge of doling out work to special counsels. Legal assignments will now be overseen by the county administrator, "in consultation with the county counsel," according to a press release. Freeholders Anna Little and Clifton voted against keeping Carton.

"Change after a certain amount of time in any organization is good," Clifton said after the meeting. "That being said, Mr. Carton has served Monmouth County for many years. I do not doubt his love for Monmouth County."

Although Carton's title is county counsel, he's not the only lawyer the freeholders have access to. A lengthy list of additional attorneys, called special counsels, is also kept on file for matters such as litigation, workers' compensation and other specialty areas. Paid hourly but only when needed, the special counsels are allowed to be politically involved.

For example, Frederick Niemann, chairman of the county Republican Party until three months ago, was reappointed as a special counsel.

"I don't know Mr. Niemann, but I see him as a pretty political [person]," Martin said.

Some freeholders pointed out the disparity that allows for special counsel to make political contributions. Both Little and Narozanick voted against including Niemann on the special counsel list.

When asked why, Narozanick said, "That's my choice, I voted no. I just voted no."

Burry voiced confidence in the study's results.

"We wish to remove politics" from the county process of choosing counsel, Burry said. "This is a sound check and balance system," she added.

Also of note, Red Bank Mayor Ed McKenna, a Democrat, was put on the special counsel list. Little cast the lone vote against that appointment.