Strong Push for Municipal Court Reform

Municipal court reform in New Jersey has been a topic for some time as the municipal court system funnels large sums of money into towns from residents and often those passing through. Now Chief Justice Stuart Rabner is pushing hard to change the way business is done in municipal courts. The push includes the issue of municipal judge appointments as well, due to the belief that municipal court judges are often appointed based on political contributions they have made to the mayor's campaign. Some long-discussed matters have included consolidation of municipal courts, changing the appointment process for judges and separating the imposition of penalties from the collection of fines. One proposal is the creation of qualification committees in each county for the vetting of candidates for municipal judge. One proposal includes an evaluation by the vicinage judge presiding over municipal courts, a representative of the municipality where the judge would be seated and two members of the county bar association who practice in municipal court. the League of Municipalities has been outspoken about the loss of local perspective in court appointments. Those seeking reform have posed that towns submitting qualified candidates have nothing to fear from the reform. The Asbury Park Press and USA Today undertook and investigation into local court abuses, the report was a major catalyst for the reform movement. A panel has been assembled including prosecutors, public defenders and private defense counsel, judges, state agencies, public interest groups and members of each branch and layer of government. State Attorney General, Gubir Grewal hopes to improve the uniformity in municipal courts. If you are facing loss of license or significant fines in municipal court, you should obtain experienced criminal defense counsel immediately. For more information about DWI, refusal to submit to chemical breath testing, controlled dangerous substances (CDS) in a motor vehicle, reckless driving, driving while suspended or other serious motor vehicle charges in NJ visit DarlingFirm.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

Anti-Bullying and Free Speech Separated By Unclear Line

A Hackettstown student used a derogatory comment for a police officer during a class discussion and under the State's Harassment, Intimidation and Bullying (HIB) policy, was suspended for one day after a hearing. The student then sued the school for violating her right to free speech. Additionally, in the suit, the practices of the school administration were called into question as, when discussing the matter with the student, school officials allegedly likened the student's comments to epithets regarding race and sexual orientation. The comments by the student were made during a discussion in school relating to police interactions with minorities. The HIB statues are broadly construed to include characteristics such as height, physical fitness and other characteristics not typically encompassed in workplaces and other settings where similar statutes are applied. The remark was made about a fictional officer and did not pertain to anyone present. One student present is the child of a police officer and found the comment offensive. The question at hand is whether a student may express their views when other students may find those views hurtful or insensitive to the degree that they would violate the HIB statutes. Although an argument could be made that HIB statutes may be misused to punish political speech by students, such an argument could be made only after the speech, political or otherwise, was found offensive by another student or the administration. The within matter, a hostile education environment claim under Title VI of the Council Rights Act of 1964, claiming violations of the First Amendment and ther Law Against Discrimination remains pending in federal court. This is not the first time that New Jersey's Anti-Bullying Bill of Rights Act has conflicted with freedom of speech rights. Courts have found mixed results in these cases including throwing out a suit by a teacher who was reprimanded for a violation and upholding the schools right to suspend a student who posted on social media about school related matters. In denying a motion to dismiss, filed by Hackettstown School District, U.S. District Court Judge found merit in the student's claims of infringement of her rights and claims against the administration for creating a hostile environment. Others find the statute to be much more clear and believe that if the harassment, intimidation and bullying statutes apply, then the First Amendment protections claimed by the student must yield to the statute. A significant prong in the analysis is whether the behavior in question actually touches the school. Due to claims of vagueness, new regulations relating to the HIB statute were adopted by the NJ State Department of Education which afforded greater discretion to principals but some believe greater clarification is required regarding the intersection of anti-bullying laws and the First Amendment. If your child has been bullied and it is not being taken seriously or your child is accused of violating anti-bullying statutes, visit DarlingFirm.com or contact us for assistance.

Judge Charged With DUI is Censured

Municipal Court Judge Wilfredo Benitez attempted to talk his way out of a driving under the influence arrest by wielding the power of his office. Now Benitez is barred from presiding over DUI matters until September 7, 2019, although he remains a municipal court judge in East Orange and Belleville. Benitez was arrested in November 2016 when found by New Jersey State Troopers asleep in the driver’s seat of his vehicle on Route 80 West in Teaneck. Upon investigation, Benitez was found to possess bloodshot and watery eyes and the odor of an alcoholic beverage on his breath. After field sobriety tests, the Judge was placed in handcuffs and became belligerent, telling officers that he is a Judge and they were wasting their time. The Advisory Council on Judicial Conduct (“ACJC”) filed a complaint due to Benitez representation that he was a Judge to win favor with the police. The ACJC found mitigating factors in that there was no prior history of such behavior in a lengthy career and aggravating factors in Benitez’ insulting language and efforts to degrade the Troopers. The result was the censure of Wilfreo Benitez and a temporary bar from presiding over DWI matters. DUI Charges in NJ will have a serious impact on your life no matter who you are and they can have significant implications in related matters. If you are charged with Driving Under the Influence in NJ, you should seek an experienced attorney immediately to protect your rights. For more information about DUI, reckless driving or CDS in a motor vehicle visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Prosecutorial Discretion vs. Decriminilization of Marijuana

N.J. Attorney General Gurbir Grewal issued a directive permitting prosecutorial discretion in “minor” pot cases, but cautions against ideas of decriminalization. According to the Attorney General, prosecutors who find evidence lacking or special circumstances which would make sentencing too harsh have discretion to dismiss cases involving use or possession of small quantities of marijuana. Grewal has been meeting with civil rights groups, prosecutors, members of law enforcement, attorneys and multiple community organizations, presumably to determine what the best middle ground is to satisfy the outspoken. At the same time, the Legislature continues to move toward legalization of marijuana for recreational use. Not knowing when the Legislature will take action, the Attorney General determined that pending matters could not be stayed indefinitely. Grewal’s directive will yield to the decision of the Legislature once action is taken. As it stands, he has battled against prosecutors ceasing marijuana prosecution no matter the circumstances. The Attorney General does not support vesting individual prosecutors with Legislative powers but he does support prosecutorial discretion. Factors cited by Gurbir Grewal as requiring consideration in the decision of whether to prosecute or dismiss marijuana charges include the Defendant’s criminal record, impact on future employment and professional licensing, age, impact on immigration status, whether future educational opportunities would be impacted and adverse consequences with regard to the defendant’s family or public benefits including housing. The criteria set forth would permit discretion in nearly every matter. Following Grewal’s directive, the American Civil Liberties Union issued a statement calling for legalization based on the apparent limitations of the directive and likelihood for disparity. Drug Charges in NJ will have a serious impact on your life and can have significant implications in related matters. If you are charged with a drug crime in NJ you should seek an experienced attorney immediately to protect your rights. For more information on CDS in a motor vehicle, reckless driving or possession matters in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.