New Jersey Needs Police Reform Now

When it comes to implementing police reforms, what are New Jersey Governor Phil Murphy and the Legislature waiting for? It is true that 2021 is an election year, and that the law enforcement unions are perceived to be powerful. However, as Reverend Dr. Martin Luther King, Jr. said, “The time is always right to do what is right.”

At his April 21st COVID-19 hearing, Governor Murphy, in commenting on the Chauvin verdict and criminal justice reform stated, “If there’s an opportunity, as a result of this tragedy, to take steps that we have not yet been able to take? Count me in.”

There IS an opportunity for Governor Murphy to do just that. Here are three steps he can take right now.

Step One: Governor Murphy should fight for the adoption of Senate Bill S2656, which would make law enforcement disciplinary records accessible as government records under the New Jersey Open Public Records Act. S2656 will provide much needed transparency, which will breed trust, support effective policing and help protect our civil rights. Governor Murphy should inform New Jersey State Senate President Steve Sweeney (LD-3) and State Senator Paul Sarlo (LD-36), the Chair of the Senate Budget and Appropriations Committee (to which S2656 was referred on May 6, 2021), that a hearing on the bill should be scheduled immediately. Further, the governor should publicly state that he supports the bill, wants the Legislature to pass it in 2021, and that he will sign it into law as soon as it reaches his desk.

Step Two: Governor Murphy should express his support for Assembly Bill A4656, which would authorize the creation of local civilian review boards to review police conduct. This bill would also permit municipal and county governing bodies to confer such boards with the power to subpoena witnesses and documentary evidence, including police disciplinary records. Such oversight will enable communities to trust that civilian complaints of discourtesy, offensive language, abuse of authority, or excessive or unnecessary force that do not trigger a criminal review by prosecutors will still be investigated and recommendations for dealing with such complaints will be made in the public interest. As the National Association for Civilian Oversight for Law Enforcement has pointed out – Increased public trust and confidence in law enforcement will result in more cooperation between the public and law enforcement. That in turn will lead to more effective policing, which will increase public safety. On March 17, 2021, A4656 was reported out of the Assembly Community Development and Affairs Committee, and the legislation is now on the desk of Assembly Speaker Craig Coughlin (LD-19). It has not moved from there since. Governor Murphy should contact the Assembly Speaker and persuade him to move the bill forward through the legislative process for a vote.

Step Three: Governor Murphy should support passage of A4578, which will put an end to qualified immunity for law enforcement officers in New Jersey state courts. Per the Institute for Justice, “Under qualified immunity, government workers can only be held accountable for violating someone’s rights if a court has previously ruled that it was “clearly established” those precise actions were unconstitutional. If no such decision exists—or it exists, but just in another jurisdiction—the official is immune, even if the official intentionally, maliciously, or unreasonably violated the law or Constitution.” Assembly Bill A4578 would create a process to sue police officers in state court for taking actions that violate individual rights and bar police officers from invoking “qualified immunity” as a defense. Governor Murphy should meet with Assembly Speaker Coughlin and Assemblyman Adam Taliaferro (LD-3), Chair of the Assembly Law and Public Safety Committee (to which A4578 was referred on August 25, 2020), and request that a hearing on the bill be scheduled no later than June 2021.

The opportunity is there, Governor Murphy. It’s time to be counted “in” – like you’ve stated you want to be – when it comes to implementing practical police reforms. New Jerseyans can’t wait any longer. So, make law enforcement records publicly accessible, allow for local civilian review boards with subpoena power, and put an end to qualified immunity in New Jersey. The time is now.

- Josh Fine served as a member of the Borough Council of Highland Park from 2015 - 2020 and is a member of the Middlesex Black-Jewish Coalition.