As reported by NJ.com, state lawmakers are pushing dueling proposals to rebuild the public’ trust of investigations into police misconduct as racial tensions continue to flare in Ferguson, Mo., where two police officers were shot and seriously injured.  A State Senate panel discussed a bill that would require special prosecutors to be appointed any time a criminal complaint is filed against a police officer, taking the matter out of the hands of county prosecutors and removing the possibility of a conflict of interest.

The lead sponsor of the measure, State Sen. Peter Barnes, said the matters should be handled by a state grand jury and that, in case that do no result in an indictment, the transcripts of the proceedings should be released to the public.  Another measure, introduced last year in the Assembly, would require independent investigators be appointed to review all officer-involved deaths, a change that was also recommended this month by President Obama’s Task Force on 21st Century Policing.  The Assembly Bill would also require the prosecutor to release a report on the investigation and presentation to a grand jury in cases that do no result in a criminal indictment.

The bill received a mixed reception by fellow members of the Law and Public Safety Committee, with some arguing that, without restrictions, it would result in a mountain of work and require a lot of money because anyone can file a criminal complaint.  “Any police officer can get charged at any time from anyone,” said Sen. Nicholas Sacco.  “If they’re going to have to face some sort of grand jury on the state level, I really wonder how efficient this would be or how more effective it would be.”  He added that some cases should be heard independently, “but they should be rare.”

A representative of the New Jersey State Policemen’s Benevolent Association, Rob Nixon, opposed the bill, arguing county prosecutors are not afraid to indict police officers, and the proposal would severely delay the time it takes for a matter to be adjudicated.

Please continue to check this blog periodically to ascertain any updates regarding the proposed legislature.

Tags: criminal complaints, grand jury, indictment, NJ Police, NJ Public Safety Officers, NJ State PBA, NJSPBA
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
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.

Read more about Donald C. Barbati
Show more Show less
Related Posts
Licensing
The Impact of a "Domestic Violence Restraining Order" on Your NJ Law Enforcement License
May 20, 2024
Last-Chance
The Importance of Negotiating the Terms of a Last Chance Agreement and How to Limit its Impact
April 19, 2024
IMG_0728
Incorrect Retiree Healthcare Advice from the NJ Division of Pensions and Benefits Proves Costly
April 14, 2024