Untrained, Armed, Fake ‘Cops’ Abuse Power In NJ: This Bill Would Eliminate Them – Patch

NEW JERSEY — Police exchanged gunfire with two suspects following the 2019 mass shooting that targeted a kosher market in Jersey City. As sworn law enforcement locked down the neighborhood and engaged in a highly organized response, an untrained volunteer showed up uninvited and drew his gun.

It was the Essex County constable, who later testified to the New Jersey Commission of Investigation that he never received any guidance or oversight for the position — let alone any professional preparation for aiding police during the attack that left six dead, including three civilians, a police officer and both assailants.

All too often, constables around New Jersey misrepresent themselves as sworn law enforcement, engage in police activities beyond their narrow authority and abuse the position for personal profit, according to a December report from the state Commission of Investigation. The volunteers — often untrained, sometimes armed and largely unsupervised — insert themselves into policing matters in ways that can escalate danger, the report states.

The commission recommended that cities and towns eliminate the position of constable, and state law-enforcement leaders agree. Efforts to eliminate constables have gained momentum in the State Legislature.

“These findings underscore the point that constables are outdated relics that have no place in the highly organized and sophisticated system of modern law enforcement,” the report states. “Rather than serving as a beneficial adjunct to police, the role instead far too frequently represents a potential hazard to the constables themselves, the police they claim to want to help and the public at large.”

The use of constables predates the development of modern police departments by centuries. The British imported the system of law enforcement to the United States colonies in the 1600s. In New Jersey, constables served as law enforcers before modern police agencies took root in the mid-1800s.

Modern, organized policing has made constables obsolete, and the lack of oversight into the position gives them far more potential to harm than help the public, according to New Jersey law-enforcement leadership. Cities and towns can still appoint constables. The state investigation commission surveyed more than half of New Jersey’s cities and towns, identifying 136 constables in seven counties. But investigators believe the actual number of constables in New Jersey is likely higher.

A Democratic-sponsored State Senate bill that would eliminate the position of constable received unanimous approval May 19 from the Senate Law and Public Safety Committee. Additionally, Assistant Minority Leader Ron Dancer (R-12) sponsored an identical measure in the State Assembly — indicating at least some support from both Democratic and Republican lawmakers in the state.

“Constables are regularly accused of misrepresenting themselves as certified law enforcement officers,” said State Senator Gordon Johnson (D-37), who sponsored the Senate bill. “This misrepresentation is extremely harmful because it often results in their engagement in matters beyond their authority and can degrade the trust between true law enforcement and the community.”

Constables throughout New Jersey often portray themselves as law enforcement through their appearance and actions, according to the state report. They often wear self-purchased regalia that resembles that of police. Some use walkie-talkies to communicate with fellow members and etch law-enforcement mottos such as “Protect and Serve” on their vehicles, the state commission says.

The state’s report noted several incidents in which they say constables around the state have abused their authority. They include a constable who faced criminal charges for impersonating an officer after a dispute with a taxi driver in Newark. The constable pulled the driver over and demanded he show his motor-vehicle credentials, according to the state investigation commission.

Another sought a constable appointment in Union Township in 1989, because he thought the badge that came with it would make it easier to do his job serving legal papers, the report says. The man testified that wearing a badge commands a certain level of respect that helped him deliver documents, according to the state investigation.

Some cities and towns have found constables who perform useful duties, such as installing child car seats and locking up local parks at night. But the state investigation commission says municipalities could just as easily arrange for a part-time employee to complete the same tasks.

The County Prosecutors Association of New Jersey, the State Association of Chiefs of Police and the State Policeman’s Benevolent Association also believe the position is obsolete.

“To end these ongoing abuses and resolve the uncertainties inherent in the position, we urge the repeal of the statutes that enable untrained and unsupervised individuals to receive municipal appointments as constables,” said Chief John Zebrowski, president of the state police chiefs association. “Immediate action in this area is particularly critical at this time as legitimate law enforcement works to strengthen its relationship with the communities we serve. These incidents of highly questionable conduct by constables only serve to undermine those efforts.”

Read the state’s full report on constables here.