NJ Supreme Court Limits Newark’s Power To Probe Police Abuse – Newark, NJ Patch

NEWARK, NJ — New Jersey’s high court dealt a serious blow to a civilian review board that investigates alleged police abuse in Newark on Wednesday.

In a highly anticipated decision, the New Jersey Supreme Court ruled that Newark’s Civilian Complaint Review Board (CCRB) doesn’t have the power to issue subpoenas as it probes accusations of abuse.

The board also doesn’t have the ability to conduct investigations if the Newark Police Department is carrying out its own internal affairs probe, the court ruled.

See the full opinion here.

Newark’s CCRB was created in 2016 as part of a landmark consent decree between the U.S Justice Department and the city. Prior to the agreement, a three-year federal probe found that Newark police officers were stopping, arresting and using force on minorities at a much higher rate than white people.

The probe found that 85 percent of pedestrian stops involved Black people, who make up just over half of Newark’s population. Thousands of people were stopped for merely being spotted in a high-crime area, “without any indication of reasonable suspicion of criminal activity,” federal authorities said.

According to the department’s own records, its internal affairs unit sustained only one excessive force allegation in the six-year period from 2007 through 2012.

After the CCRB launched, many civil rights advocates hailed it as one of the “most robust civilian oversight bodies in the country.” But Newark’s police unions immediately challenged the CCRB’s authority, igniting a long-running legal battle between the city and the Fraternal Order of Police, Newark Lodge No. 12.

On Wednesday, the New Jersey Supreme Court upheld some of the board’s powers but put the kibosh on others, modifying an earlier judgment from the Appellate Division.

“We hold that this civilian review board can investigate citizen complaints alleging police misconduct, and those investigations may result in recommendations to the Public Safety Director for the pursuit of discipline against a police officer,” the justices wrote in their majority opinion.

“However, the board cannot exercise its investigatory powers when a concurrent investigation is conducted by the Newark Police Department’s Internal Affairs (IA) unit,” the justices added. “An investigation by the IA unit is a function carefully regulated by law, and such an investigation must operate under the statutory supervision of the police chief and comply with procedures established by Newark’s Public Safety Director and the mandatory guidelines established by the Attorney General.”

The court identified several potential legal fixes to the situation, but held that until the Legislature amends relevant statutes, the limitations on the Newark CCRB will stand.

Chief Justice Rabner offered a dissenting opinion from his peers, arguing that existing law “expressly empowers” municipalities to investigate local police forces.

“Indeed, without the power to compel witnesses and other evidence by subpoena, it is difficult to see how the CCRB or a similar review board could gather the information it would need to effectively investigate the operation of the police force,” Rabner stated.

The board is composed of 11 members, all appointed by the mayor with the advice and consent of the city council.

After the Supreme Court turned in its decision Wednesday, the ACLU of New Jersey said it will hamper the movement for meaningful police accountability in Newark, which has been seeing renewed protests and rallies since the death of George Floyd.

“In the wake of George Floyd’s murder, people around the country and here in New Jersey have been marching and calling for an end to systemic racism in policing and for police accountability,” ACLU-NJ Legal Director Jeanne LoCicero said.

“As designed, Newark’s Civilian Complaint Review Board provides a powerful example for police accountability and oversight over misconduct,” LoCicero added. “Today’s decision prevents Newark from fully implementing the CCRB, but residents and community groups have known that this would be a long-term proposition.”

While Wednesday’s Supreme Court decision disappointed some residents and activists, there have been other recent reasons for supporters of police reform to cheer in the Brick City.

In June, Newark officials announced that officers who commit “serious disciplinary violations” will have their identities disclosed to the public.

“While the vast majority of our officers serve honorably, this reporting system will make the public aware of the names of any officer who has been fired, demoted or suspended for more than five days due to a disciplinary violation of our policies,” Newark Public Safety Director Anthony Ambrose said.

Later that month, city officials announced that Newark will use almost $12 million to create a new Office of Violence Prevention that will give a hand up to local residents in need of social services. The city will re-channel about 5 percent of its policing budget to pay for it.

Ambrose said there won’t be any layoffs as a result of the new ordinance, and that there are no plans to interfere with staffing levels.

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