Monthly Archives: February 2021

Upcoming Supreme Court Oral Argument in AG Directives Case

On March 2, 2021 at 10:00 a.m., the New Jersey Supreme Court will hear oral argument in the case In re Attorney General Law Enforcement Directive Nos. 2020-05 and 2020-06.  The argument will be streamed live on the Judiciary’s website, which you can view live on March 2nd by clicking here.

We previously wrote about this case while it was pending in the Appellate Division:

In mid-June 2020, the Attorney General of New Jersey issued two important police transparency directives, both of which have been challenged and were before the Appellate Division this week.

The first directive, Law Enforcement Directive 2020-5, requires future disclosure of the names of officers who have been subject to “major discipline,” which is described as a sanction of termination, demotion, or five or more days of suspension.

The second directive, Law Enforcement Directive 2020-6, orders the State Police and other state law enforcement agencies to make a retroactive disclosure, requiring disclosure of the names of those who have received major discipline for the past twenty years. The Attorney General also gave county and municipal departments the discretion to make retroactive disclosures and some have made the decision to do so.

Unfortunately, several police unions very quickly filed emergent appeals to stop the Directives from taking effect.

In October 2020, the Appellate Division issued a published opinion upholding the Directives. Now the Supreme Court will review that decision. In the interim, the disclosures have been placed on hold until the Court issues an opinion.

Attorney CJ Griffin is arguing on behalf of amicus curiae National Coalition of Latino Officers and the Law Enforcement Action Partnership, in support of the Directives. Griffin will argue last.

Some of the briefing can be downloaded here:
LEAP & NCLO’s Amici Curiae Brief
Attorney General’s Brief
State Trooper Fraternal Association’s Brief
NJSOA’s Brief

*Note: Some parties relied upon Appellate Division briefs, some of which you can find here.