Doctors, Lawyers, Accountants….now Cops. But there’s a twist…..
Is New Jersey’s going to license their cops? Will NJ cops soon have to pass a rigorous, professionally structured and administered test and then risk getting their licenses revoked if they screw up?
Wellll……err……(cough, cough)……in theory.
Let’s define our terms, shall we? “Licensure” by the State is a quintessentially Administrative process of regulating the professions; Doctors get regulated and sanctioned by their “Medical Board”, Lawyers get regulated and sanctioned by their Bar Associations, Certified Public Accountants………etc. You get the idea. Licensure doesn’t prohibit Doctors, Lawyers or Accountants from getting criminally Indicted (and sometimes going to Jail) or sued for money damages for malpractice.
Licensing is just a way society tries to make sure that the professionals who interact with people have the education and training to get the job done. Society also requires these professionals to maintain a certain amount of malpractice insurance coverage to make any injured person whole – or at least provide some fair compensation.
When a lawyer is charged with a license infraction, there’s a whole series of investigations that culminate in a proceeding wherein everybody (usually) is represented by a lawyer, a record is generated and the final result can be appealed to a Judge. Same with an MD and an Accountant. These events are like trials – and can be taken up to the Supreme Court for review because there is a record of every word, witness and ruling. It’s a big deal – because a person’s living is at stake.
Has New Jersey now elevated cops to the same level of professional scrutiny as doctors, lawyers and accountants? After all – it may be a good idea, seeing as how cops have the authority to deprive a citizen of their liberty on their own (usually unsupervised) say-so. These boys have a shitload of power. Everybody fawns all over them for their “service” and there’s always buckets of worshipful, obsequious praise whenever politicians mention them. But shouldn’t any knee-jerk reaction to “Always Back the Blue” be tempered by sober reflection and a sincere effort to make sure cops got the “Right Stuff”?
In the Summer of 2023 NJ Governor Murphy signed P.L. 2022C65 which tasked the “Police Training Commission” (PTC) with formulating and adopting rules relating to the licensing of Police Officers in New Jersey.
As legistlation intended to protect the public goes, this one’s a doozy. Rules of licensure do not require police applicants to provide access to their social media accounts. They do not dictate a specific minimum age of maturity or require proof of a College Degree of at least BA level. Also not required? Any prior work experience or demonstrable skills in language or mathmatics. Successful completion of a stint at a County or State Police Academy – and some law enforcement credits at any County College – is all that’s required for you to be a cop in most NJ towns. Disappointing but true.
New Jersey Administrative Code (NJAC) 13:1-1.1 sets forth the “standards and procedures for the licensure of law enforcement officers and for the denial or revocation or suspension of licensure for law enforement officers who act outside the bounds of professionalism or engage in illegal or improper conduct”.
RIGHT OFF THE HOP, NJAC 13:1-1.1 makes one point shockingly clear:
These Rules “may be relaxed or dispensed with by the Police Training Commission in ANY instance where it shall be apparent to the Commission that strict adherence would result in an injustice to an individual or law enforcement unit”.
Well, well, well. That’s a hole you can drive a truck through. No other “Professionals” licensed by New Jersey get such an advantageous benediction. The “Police Training Commission” can apply or the relax – or not apply at all – any Rules as they see fit. Hmmmm. Sounds a bit Soviet Union-ish to me. Is this a bunch of cops giving other cops a pass? A big “wink and nod” behind the cover of slick bureaucratic obfuscation?
And who is the “Police Training Commission”, anyway? Well, as George Carlin said: “It’s a private club – and you ain’t in it!”
The Police Training Commission is a compendium of law enforcement brass, badges, uniforms and political insiders who call the shots. Big-Wigs. Even the police unions are represented. I urge you to read NJAC 13:1-1.1 and eyeball its membership. Any (truly) independent people? Nope. Any Ministers? Imams? Priests? Journalists? Community Leaders? Regular citizens? Nope. Just – as we say in ‘Jersey – “da Boyz”.
To summarize – the “Police Training Commission” is comprised of (inter alia):
1. Four “public members” appointed by the Governor……
2. The Chiefs of all the Police Associations: NJ State Chiefs of Police from every town; the NJ State PBA and FOP (unions); The NJ League of Municipalities; The NJ State Police Fraternal Association; The NJ State Sheriff’s Association; The NJ state Jail Wardens Association…..etc., etc., etc.
3. The Special Agent in Charge (“NJ-SAC”) of the NJ Offices of the Federal Bureau of Investigation (appointed by the US President);
4. The Attorney General of New Jersey (appointed by the Governor).
5. Other “law enforcement” functionaries of the State and County jurisdictions.
This august body of law enforcement heavyweights (and their oh-so-reliable “public member” appointees) establishes the “Licensing Committee” that promulgates the qualification requirements for all police applicants; prefers charges against all acting police (licensed) members; conducts (private) Hearings; establishes the Rules and Procedures of such Hearings; appoints any “Hearing Officers” that “may” be required in their absolute discretion and determines the verdicts and outcomes of all proceedings.
Police Training Commission deliberations and /or adjudications are confidential and apparently not presided over by a Superior Court Judge – or even a lawyer. Their proceedings are not obliged to observe the NJ Rules of Evidence. Their verdicts and final determinations are not published in any public record or memorialization. Their decisions are not subject to substantive judicial review and are not “appealable” to any court. Perhaps a court can afterwards addresss some strictly “Adminsitrative” oversight that may have had a minimal impact on the final outcome of a PTC deliberative body…..maybe. It isn’t even clear to me if lawyers can appear on behalf of parties to the proceedings. It’s a closed loop. With “Rules” that may or may not be applied at the absolute discretion of police Top Brass. You can’t make this stuff up.
After reading this “legistlation”, one can fairly ask – why license cops at all? Is this some elaborate ruse, a Potemkin-facade of blue uniforms and badges ginned-up to give citizens a false impression that justice will be done? That a cop’s bad behavior will be corrected? Is this all window-dressing?
Welcome to New Jersey.
Nobody’s ever going to convince me that eighteen or twenty year-olds have the maturity or life-experience necessary to carry a gun and arrest people. The seminal, critical element of “good judgment” is lacking. That’s just the way it is. Years matter. Education matters. In England a young man cannot even apply to their Police Academy unless he’s graduated a University. And only “senior” officers can carry guns. Licensing cops and giving them some watered-down, transparently forgiving oversight process isn’t the answer. We’re just pandering to lowest common denominators and political optics.
Oh, well. At least criminal and civil remedies remain available to everybody. Bottom line? Move along. There’s nothing to see here. Want justice? Keep your dash-cam on and your phone handy. Take control – and record – every situation that can lead to you going head-to-head with a cop.
I can already hear people screaming at me: “You’re anti-cop!!! You don’t back the blue!!!! You’re a Putin apologist!”
No. I used to carry a badge. I know the system. As far as legistlative solutions to our plethora of law enforcement problems are concerned, NJAC 13:1-1 / P.L. 2022C65 is no panacea. It’s weak beer. We can do better.
