Tag Archives: police misconduct

Court Hears Appeals of AG Major Discipline Disclosure Directives

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. The Appellate Division granted a temporary stay of the Directives until the appeals could be heard.

On September 16, 2020, the Appellate Division heard oral argument in the appeals, which lasted more than four hours. The full audio of the hearing can be downloaded via the Judiciary here.

CJ Griffin, Partner at Pashman Stein Walder Hayden and Director of firm’s Justice Gary S. Stein Public Interest Center, participated in the oral argument and filed a pro bono friend-of-the-court brief on behalf of the National Coalition of Latino Officers (NCLO) and the Law Enforcement Action Partnership (LEAP), two non-profit organizations comprised of current and former law enforcement officers. These organization’s asked the court to uphold the Directives and argued that transparency earns the public’s trust, which leads to members of the public being more likely to cooperate with investigations, report crimes, and ensure that police departments have proper resources to perform their jobs safely. Additionally, the AG’s transparency Directives would greatly benefit officers of color and women officers because it would allow organizations like NCLO to identify racial and gender disparities in how major discipline has been imposed upon officers.

The Trentonian has published an article summarizing the Appellate Division arguments, which can be viewed here:

CJ Griffin, an attorney for the National Coalition of Latino Officers and the Law Enforcement Action Partnership, said her clients “really want the court to know that not all police officers agree with the unions’ position. In this case, many of the officers are advocates of transparency.”

Griffin said her clients support transparency and believe “transparency really benefits police officers.”

Some of the briefing can be downloaded here:
LEAP & NCLO’s Amici Curiae Brief
ACLU-NJ & 23 Diverse Organization Amici Curiae Brief
ACDL-NJ & Office of Public Defender’s Amici Curiae Brief
Attorney General’s Respondent Brief
Association of Former State Troopers’ Appellate Brief
State Troopers Fraternal Association Appellate Brief
State PBA Appellate Brief
PBA Local 105 Appellate Brief
Superior Officers Association Appellate Brief

For questions about this blog post, please contact CJ Griffin at 201-270-4930 or cgriffin@pashmanstein.com

Using OPRA for Police Transparency in New Jersey

Transparency plays a critical role in  building trust between the police and the community. When members of the public trust the police, they are more likely to follow their commands, cooperate with criminal investigations, and even advocate for more funding for police. When police resist transparency, community trust is seriously undermined. Secrecy also makes it harder to hold police departments accountable and assure that they are complying with the law and meeting the high standards that we set for them. This is why we have been involved in dozens of cases involving police records, including landmark decisions such as North Jersey Media Group Inc. v. Township of Lyndhurst, 229 N.J. 541 (2017).

Although so many law enforcement records are sadly exempt from access under OPRA, something we hope the Legislature will fix, there are several records that are publicly accessible and that shed a light on policing and have the potential to expose misconduct or wrongdoing when it occurs.

We invite you to read our prior three-part blog series titled, “How to Monitor Police Agencies.” The series covers the following topics:

We also recommend reading the wonderful article written by Andrew Ford of the Asbury Park Press, published by ProPublica, titled “I Cover Cops as an Investigative Reporter. Here are Five Ways You Can Start Holding Your Department Accountable.”

If you have a question about this blog or OPRA in general, please contact CJ Griffin at cgriffin@pashmanstein.com or 201-270-4930.