As reported by nj.com, complaints against New Jersey State Police troopers for everything from excessive force to minor paperwork violations fell for the fourth year in a row in 2010, but more troopers faced the most serious allegations of misconduct, a new report shows. The public and other officers filed 848 complaints against troopers in 2010, down from 886 in 2009 and the fewest of any year during the past decade, according to the report, issued late last week by the division’s Office of Professional Standards.

The complaints spawned misconduct investigations of 437 troopers, the most since 2006. With only about half of these 290 investigations against the troopers completed, 62 charges were substantiated, also the most since 2006, according to the report and past statistics. The State Police did not identify the troopers involved or elaborate on their infractions. The report also said that the division received 1,137 citizen compliments last year thanking troopers for their work.

Christopher Burgos, the newly-elected president of the State Troopers Fraternal Association, said the numbers were impressive given that troopers had more than two million encounters with citizens in 2010. “Put us against any agency out there, and no one’s under the scrutiny we are,” Burgos said. “The high performance and professionalism far excels any other agency out there. But we take seriously what goes on with disciplinary matters and will defend our members appropriately.”  

The American Civil Liberties Union of New Jersey said it was still reviewing the report but criticized the division for not including the race or ethnicity of those who filed complaints, the number of pending cases from prior years or the number of punishments handed down by the type of complaint. Deborah Jacobs, president of the ACLU, said it will be hard to draw any conclusions from the report because it is too vague. “Unfortunately, the state provides less and less information to the public about the State Police rather than more and more,” Jacobs said. “We’re also very concerned that it took a full calendar year to release.”

Lieutenant Stephen Jones, a spokesman for the State Police, said the report included the same information as it always has in the past. He said it came out late in the year because the office was more focused on closing outstanding cases. Jones also said a higher percentage of complaints are being generated internally, which shows the division is better policing itself.

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.