GOP Sen. O’Scanlon goes after Judge who let off rapist

Billionaire sex trafficker Jeffery Epstein might finally be facing justice, but here in New Jersey, the administration of rapist-coddling Governor Phil Murphy has remained quiet on not only the Epstein case, but also the case of a rapist who assaulted a 16-year-old girl, video taped the assault, and then shared the video with his friends.  Instead, the Murphy administration is going after members of law enforcement who cooperate with federal authorities in detaining and screening possible criminals who are here in the United States illegally.

The Murphy administration and the Democrats have remained quiet about Monmouth County Superior Court Judge James Troiano, who refused to allow prosecutors to bring adult charges against the 16-year-old male rapist because he came from a “good family”. The Judge said he was concerned about “ruining his life”.  No thought to the effect the rape has had on the 16-year-old female victim’s life.

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Monmouth County Senator Declan O’Scanlon, a Republican, is having none of it.  He has called for the resignation of Judge Troiano.  The Senator is particularly angry over reports that the Judge had told the victim that she was not truly raped because her attacker didn’t use a firearm in the commission of his crime.

Senator O’Scanlon told the Monmouth County news website, More Monmouth Musings: “Judge Troiano’s comments are truly abhorrent and clearly highlight the fact that he needs to be removed immediately by the Supreme Court… We simply cannot stand by and allow a sitting judge to tell a 16-year-old sexual assault survivor that she doesn’t deserve justice because her attacker might get into a ‘good college.’”

A New Jersey appeals court blasted Judge Troiano and reversed his decision.  The Judge had attempted to downplay or justify the attack, even though the male perpetrator had reveled in what he had done.  According to prosecutors, he took the visibly drunk female victim to a closed-off, darkened area and then filmed himself on his cellphone “penetrating the girl from behind with her bare torso exposed and her head hanging down.”  The assailant reportedly sent the video to several friends and texted them with following: “When your first time having sex was rape.”

And where is the Murphy administration on all this… crickets!

Instead, Murphy and his appointee as Attorney General are conducting a jihad on the Monmouth County Sheriff’s office for cooperating with federal immigration officials in their on-going efforts to protect the families of American taxpayers.  NJ.com reported late yesterday that the Murphy administration had yet again threatened law enforcement in Monmouth and Cape May counties because they are following federal law instead of the fashion statements of the rapist-hiring-and-cover-up Murphy.  You can read more about it here…

https://www.nj.com/politics/2019/07/murphy-ag-warns-nj-sheriffs-dont-go-behind-my-back-to-work-with-ice.html

The Murphy administration is also in a battle with Sussex County Freeholders over their decision to allow the voters to advise their County Sheriff – who they pay for with their property taxes – whether to follow federal law or Governor Murphy’s whims.  The Freeholders are standing by the principle of democracy.  Governor Murphy wants to strip citizens of their right to vote – even as he signed millions more over to illegal aliens on Independence Day.  Even as the Democrats want to give illegals drivers licenses and violent criminals the right to vote and hire lobbyists. 

But can anything more be expected from a Governor who refused to take responsibility for the rape of one of his own female workers?  A Governor who justified, obfuscated, and covered-up instead of standing by the woman victim.  And she was someone personally known to him.  Imagine what common, every day victims of rape and sexual assault matter to him?

Senator O’Scanlon noted:  “The Supreme Court has the ability to remove a judge for misconduct in office, or conduct evidencing unfitness for judicial office. Judge Troiano’s disturbing and biased comments from the bench are a glaringly obvious display of his unfitness for judicial office.”

You can read Art Gallagher’s column here…

http://www.moremonmouthmusings.net/2019/07/08/oscanlon-calls-for-judge-troianos-resignation/


Anti-Religious Asbury Park City Council Violated Constitution, Unwittingly Supported Hate and Neglected Black People

By Thomas DeSeno

NOTE:  This story originally appeared in MoreMonmouthMusings.net – courtesy of our friend, Art Gallagher.

Asbury Park Democrat Chairman Giuseppe Joe Grillo, Deputy Mayor Amy Quinn, Tommy DeSeno and Mayor John Moor. photo via facebook

Asbury Park Democrat Chairman Giuseppe Joe Grillo, Deputy Mayor Amy Quinn, Tommy DeSeno and Mayor John Moor. photo via facebook

The Asbury Park City Council, using government letterhead, made a declaration opposing a religious belief.  Government can no more denounce a religious belief than they can endorse one, without violating the 1st Amendment Establishment Clause.  They then went on an illegal bullying campaign against a Pastor.  So caught up in a mob-induced false narrative of gossip, they ignored that the Pastor was bringing financial relief to the Westside black community, something all City Councils failed to do for 50 years.

Pastor JD Shuttlesworth scheduled a weeklong “Festival of Life” here, as he does in poor communities across America, handing out cash cards, groceries, even a car.  He celebrates Jesus while doing so. He wanted to serve Asbury Park’s poor black community as he did in Camden.  The applicant for the permit to use Bradley Park was local Pastor Lyddale Akins, who was jointly sponsoring the event.

Unfortunately Asbury Park has an “outrage team.”  It is comprised mostly of middle-class white people who commit cultural appropriation, pretending to be marginalized.  They constantly protest whatever is in the news that week, outrageous or not.  They are inorganic. Different protests, same gang “virtue signaling” every time.

One of them started gossip that Shuttlesworth preaches hate against gays.  This triggered the outrage team.  They started false and heinous rumors, portraying this man as the second coming of Jim Jones. The City bought it.

They said Shuttlesworth is a Bible Belt Evangelical (a dog whistle to the virulently anti-Christian).  He’s actually a Pentecostal from Pennsylvania. While his religion believes  gay sex is a sin, stating that dogma isn’t “hate;” just as other pastors stating sodomy committed by straight people is sinful, is also not “hate.”

Be clear: Nothing compels me to agree with or defend Shuttlesworth here.  I’m not. That isn’t the point.  It’s Ok for every person, business, church and political officeholder to protest the Pastor’s religion. Have at it, if that’s your way.  But you know who is not free to protest his religion?  The Government itself.  If Government condemns some dogma you end up with a state religion of dogma not condemned, violating the Establishment Clause. That’s the point.

Pastor JD Shuttleworth preaching in Asbury Park

Pastor JD Shuttleworth preaching in Asbury Park

Let’s tell this story chronologically.  It spans about 96 hours. Its antagonists are the City Council, 3 local Pastors and the outrage team.   Let’s see how the rumors of one person from the outrage team quickly seduced the City Council to become a Star Chamber of religious intolerance and turned 3 local Pastors who joined them into Christian apostates and bullies.

The Wednesday before the Sunday the festival began, a City Councilperson who had been told an outrage team member claimed Shuttlesworth was homophobic, made a phone call to the City Manager. That Council member inquired what could be done about Shuttlesworth, and the manager responded that they should get a Special Events Permit for a protest.   That night the outrage team held a panic meeting to plan that protest, in league with a representative of the City.  The following morning (Thursday) the City Council issued their government position attacking the Pastor’s “rhetoric” on homosexual sex.  Let’s pause the chronology to look at that.

The “rhetoric” is one YouTube video, with Shuttlesworth sermonizing in church, citing his religion’s dogma that gay sex (not simply being gay) is a sin.  I have made dozens of requests of the City, the outrage team and their supporters  to show any other videos, and they can’t (most couldn’t cite that video, stating only they heard gossip the Pastor was bad). So the City Council issued a government position, condemning a church sermon about a religious belief, which is illegal for them to do.

Back to the chronology.  The next morning (Friday), the outrage team issued a statement that their protest would likely be in Atlantic Park, adjacent to Bradley Park.   To rent a park in Asbury, one must apply, get scheduled for a council meeting, be reviewed by the Special Events Committee, have a public comment session and win the council vote.  It takes about 45 days or longer.

Not so when the City itself is secretly planning the event for you.  Friday afternoon the outrage team walked into City Hall with an application and walked out with a one day permit.  The City Council wasn’t there.  The City Manager was at a meeting in Trenton.  But the City Manager gave word to a clerk to hand them a permit (normally he legally he can, but since this was his idea, it probably wasn’t legal due to a conflict of interest). Let’s stop the chronology again to look at that very moment.

The application was in the name of the owner of a concert sound company.  Why?  He has the biggest speakers in town to drown out the Pastor.  But the permit wasn’t issued to him.  It was issued to a non-existent entity called “Rally of Love.”  Since no such thing exists, the taxpayers are on the hook for liabilities.  For insurance, the President of the Chamber of Commerce has a business and tried to use hers, with a declaration page insuring the park and the City.  The problem is, if she didn’t tell her insurance company she was neither the applicant nor the permit holder, they will deny all claims, again leaving the taxpayer footing the bill for lawsuits.

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The $1,500 fee to rent the park has not been paid.  Also, the outrage team used the park not 1 day like their “permit” said; the City let them use it 5 days.  They owe the taxpayers $7,500.00, and they aren’t paying it. I suggest the Homeowners Association take them and the City Council to court for it.

Back to the chronology.  By Saturday, Pastor Lyddale Akin was brow-beaten by the outrage team into pulling out as co-sponsor of Shuttlesworth’s Festival of Life. Who could blame him.  The outrage team are bullies.  Privately, businesses are expressing a fear of saying no to the outrage team’s constant demands for money or donations. With social media, they can start an online propaganda campaign, create posters and protest you near instantaneously.  Scarier, the City Council joins every protest, thus legitimizing them, while media reports on them dutifully.   The outrage team can conduct a digital Kristallnacht against your business or church at any time using this neo-fascist method. #Love though –  it says so on all their signs.

On Sunday, who was on the stage with giant speakers drowning out a Pastor preaching Gospel and handing out gifts to primarily poor blacks?  A City Council majority. It was their gig, from the idea of it, to planning, to greasing the permit, to the protest. It’s wrong, and I supported Mayor Moor and Deputy Mayor Quinn in their every election. I still admire and support them, noting that in this instance, they didn’t guard themselves from the impetuousness and groupthink of the outrage team.

The outrage team also claimed the City encouraged people to make noise complaints and bring Shuttlesworth to court, calling it “a new form of protest,” thus using our Municipal Judge as a weapon against a religion.  Government gone wild. Good grief.

Gays rightfully spent years fighting the government power to value some people less than others.  Now that some gays are in Asbury Park’s government,  they used government power to devalue Shuttlesworth.  I’ve always supported gays being themselves.  Some gays in Asbury don’t want Shuttlesworth to be himself. They want him to be exactly like them. #Diversity, I guess. Don’t accuse me of being too broad.  I know we’ve had gays on Asbury Park’s City Council in the past who didn’t act like this.

We have to talk about 3 Pastors: Pastor Friedel of Shore Christian Church, the Rev. Dr. Vanzant of Second Baptist Church and Reverend Harris of the AME Zion Church.  They stood onstage to protest Shuttlesworth for espousing that gay sex is a sin.  Hypocrisy alert:  All three of their churches have Christian dogma that holds gay sex is a sin.  They protested what they believe to be the Word of the Lord. Look Pastors –  I get your fear of the outrage team.  I also know that Peter denied Christ three times before the cock crowed, but at least he cried bitterly when he did.  And the Romans had swords.

Other Protestant churches in Asbury Park also say gay sex is a sin, as well as two Catholic Churches and the Mosque on Ridge Avenue.  I don’t see the City Council, the outrage team or these 3 Pastors protesting Mt. Carmel or Holy Spirit Church.  Of course they’d never picket the Mosque –  that would counter too many Democrat talking points in an election year.

Let me tell you something else Pastors Friedel, Vanzant and Harris – you’re bullies. Imagine justifying to your Youth Ministries what your consorts did to Shuttlesworth and the bullying you supported by standing with them:  They spread lies that Shuttlesworth is a pedophile, a drug addict, shows infidelity to his wife,  has sex with strangers in bathrooms and is gay (something wrong with being gay?).  They  claim to be mailing annoyances to his Church. They had children as young as 6 tearing down Shuttlesworth’s posters so poor people couldn’t find out free groceries were available. They harassed businesses who had the posters.  They went online and made fun of Shuttlesworth’s children and his family’s clothes. #Love? You teach this?  You let yourselves become this. Where’s your decency?

Pastors, you helped drown out a sermon in the public square instead of promoting listening and dialogue. Giant speakers were used against him. The outrage team tried to have bagpipes,  bands,  noisemakers  and drum circles to stop his sermon from his west. From his east, The Beach Bar’s DJ turned up his volume to drown out the sermon. They also surrounded him, driving cars around Bradley Park with radios on full. You pastors drowned out a sermon.  #Christian?

You didn’t just surround Shuttlesworth, you came at him from above. The outrage team reported that the Asbury Hotel, whose owners iStar are partners in contracts with the City, threw colored confetti onto Shuttlesworth’s crowd from their roof. The bullies laughed online when the primarily poor black crowd first began to cower from not knowing what it was. I know what it was – litter-trespass-assault-impoliteness-annoyance. It’s all iStar. It’s all the City. And it’s you 3 intemperate Pastors, too. #Welcoming?

Here is what Christianity expects from you, Pastors.  You should issue an apology to Shuttlesworth for what you and your co-adventurers did to him and his family while visiting Asbury Park.  You can keep your distance from his ministry; you owe an apology to his humanity.  But I expect less from you. Christianity expects you to never partner with the outrage team again.  But I expect less from you.

Christian Fuscarino of Garden State Equality. file photo

Christian Fuscarino of Garden State Equality. file photo

Another bad actor here was Garden State Equality, the LGBT activist group whose head, Christian Fuscarino, is on the outrage team.    Last year Fuscarino was on stage with some of these same Pastors, and nearly summoned the courage to bring up their Churches’ stance on gays.  He should have, but he chickened.  Last week he teamed with them again, knowing they believe the same as Shuttlesworth.  But the mob targeted only Shuttlesworth, therefore so did he.  Garden State Equality has an anti-bullying campaign.  Maybe you should attend one of the meetings, Fuscarino.

Fuscarino had an ugly display of Christo-phobia while Shuttlesworth was here, but also showed a callous disregard for the black community.  It was selfish.  Mr. Fuscarino, let me tell you and the 3 Pastors what is meant by “Black Lives Matters:”  You have 10 fingers.  If one is cut and bleeding, at that moment, that finger matters. Not that the rest don’t, but that finger needs particular redress. Shuttlesworth saw that poor blacks in Asbury’s Westside both matter and need redress.  But Garden State Equality couldn’t stand the sight of some marginalized group getting attention on a day they were not. Selfishly, it must always be about them. So they tore at a Pastor bearing gifts – poor blacks receiving those gifts be damned. The City Council helped. I know none of you intended racism, but reckless actions have unintended consequences, like de facto racism.  #InstitutionalRacism?

Fuscarino is useless to gays anyway.  After Omar Mateen pledged his support to the Islamic State and killed 49 at a gay nightclub in Orlando, Garden State Equality immediately issued a statement of solidarity –  with Islam. The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) recently reported there are 8 countries in the world that put gays to death and 5 more who legally can, and all 13 use Islamic law to do it. They reported zero non-Islamic country killing gays.

ILGA doesn’t bring that up because they are  Islamophobic.  ILGA doesn’t bring it up to say all Muslims are bad.  Simply put Mr. Fuscarino, no LGBT advocate should show “solidarity” with Islam with that being the state of their world, while also viciously attacking a Christian who says gay sex is a sin. Your loyalty lies not with gays, but with the Democrat talking point that believes votes can be gained by calling everyone else Islamophobic. So you pledged solidarity to Omar Mateen’s inspiration and threw gays not under the bus, but off the roof (the preferred method for killing gays in 13 countries).

Probably the hardest part to understand was criticism of a Pastor giving away money, when criticism is usually reserved for Pastors asking for money.  When the owner of Johnnie Mac’s bar walked around Asbury last Christmas handing out tens of thousands of dollars in gift cards, all these same people praised him.  Shuttlesworth was simply doing the same in June. Is this hatred because he is a preacher? Asbury Park was named after a circuit preacher, much like Shuttlesworth is one.  What has happened to this City?

I telephoned Pastor Shuttlesworth.  I found a man who was magnanimous toward his haters.  Even the government.  He spoke only of his thrill to be able to preach to the people in Asbury Park and lift them.  I tried to bait him into complaints about his detractors and he would only express his love for them.  He praised our police.  He rarely brings up homosexual sex in his sermons. It is unfortunate that became the hyperbolic scream of his Asbury Park protestors. He told me he is used to it.  In today’s world, wherever he preaches, an anti-Christian bias appears in protest.  He still loves them.

That conversation made me reflect upon the state of Asbury Park.  Since when do we believe that people are only one thing?  It is wrong to label people “all good” and “all bad.”  It is wrong to find one thing we disagree with about someone, then label them “all bad.”  Certainly someone who holds one trait we dislike can have a thousand others we do.  Certainly a person with whom we disagree with in one area is also capable of many good deeds.  Isn’t that the point of diversity, even multiculturalism?  What happens to love if one disagreement triggers hate?

To the 3 Pastors, I ask you to recall the story of Cyrus from the Bible – which reveals to us that  God will even call upon a heathen to do good works. You could have supported Shuttlesworth in his quest to help the poor while disagreeing with him in other areas.

So what can be done?  Someone could file a complaint with the State Department of Community Affairs against the City Council.  This isn’t the first time this has happened in Asbury.  Last September the outrage team held a rally that protested a political party, where only officials from the Democrat Party were allowed to speak.  It turned into a rally against white people, America and the President. Yet two of the sponsors were the Asbury Park School District and The Asbury Park Housing Authority, and they had officials on stage.  Government entities can’t do that! Government entities can’t join political rallies!  Asbury’s constant mixing of Government and activism is out of control.

Maybe if the Publisher of the only daily newspaper around here wasn’t so busy accepting community service awards from the very same people that he should be investigating/reporting about, he might file a complaint with the DCA.

But forget that complaint.  I hate seeing people jammed up. I say to the City Council there is a better way.  Start by issuing a withdrawal of your government statement.  Apologize to Shuttlesworth for how he was treated as a visitor.  You can stay away from his ministry, but like the Pastors, you owe an apology to his humanity.  Unlike the Pastors, I have higher expectations of you and believe that you will.   The other thing that you MUST do is avoid letting activists use the Government as a tool.  It’s illegal.  Stop it.  Tell the outrage team the City Council is going to take a break from the constant protests in town. Leave activism to the activists.

All that’s left is for me to ask Pastor Shuttlesworth to pray for me, because I know what  happens when someone holds a minority view in this City these days.  Instead of inspiring dialogue and healing, I’ll receive hate, public humiliation and excoriation. The gentleness and love Blue Bishops once held for each other is gone, replaced by gentrifying newcomers whose spirit is based not upon compassion, but ill-will and glory-seeking.

I hope instead the outrage team will reflect upon my motto:  Politics is a tiny part of who we are – never let it stop you from enjoying the rest of a person.

Tommy De Seno is an attorney, a journalist and a contributor to the website Ricochet.com

Words of advice to Governor Phil "Bon Jovi" Murphy

What is it about New Jersey Governors and rock stars that turns the former into superannuated groupies?

Someone from Art Gallagher's shop over at More Monmouth Musings caught an apparently worse for the wear Phil Murphy out on the town.  What do you think?

http://www.moremonmouthmusings.net/2018/04/08/governor-murphy-has-no-public-schedule-today/#more-40391

Sure looks like him, doesn't it? 

Here's some classic sage advice for the chief executive...

Politicians fight in municipal court

It's a new-found perk to holding municipal office:  When you don't like something someone says about you, instead of hiring a lawyer and going to court using YOUR money, just file a criminal complaint, have it signed-off on by a municipal employee whose job YOU control, and then have the part-time prosecutor (a lawyer also in private practice) whose job YOU control prosecute the case for you.  Heck, YOU even control the job of the municipal court judge you will be appearing before. 

And even if they transfer it to another court, it is still the same law firms chasing the same municipal court appointments.  One year you are the prosecutor in this town, the next in that, or someone in your law firm is -- and it goes for municipal court judges too who are also lawyers in private practice (an unheard of practice across America).  Which one of these attorneys is going to stand up to a Mayor or Deputy Mayor who holds their living in his or her hands each January when they select the attorneys to fill the lawyer-only part-time municipal jobs the property taxpayers will be paying for?   

Yesterday, the Star-Ledger reported on such a case in Union County between Assemblyman Jamel Holley and Roselle Mayor Christine Danserau:

"Assemblyman Jamel Holley (D-Union) faces a petty disorderly person's charge of harassment that carries a $500 fine, but the money isn't the point, said Roselle Mayor Christine Danserau.

'This is about the fact that harassment is unacceptable,' said Dansereau, who claims she was the target of Holley's obscene tirades.

...The strained relationship between Holley and Dansereau stems from a dispute over the borough's proposed $56 million library and recreation center, called the Mind and Body project. Holley has been pushing for the project to move forward, and Dansereau has pushed for more details about how much it will add to homeowners' tax bills."

Guess what?  The taxpayers are paying for all of it because it's a perk of holding municipal office.

This systemic corruption is being examined right now by the media, legal organizations, and by the New Jersey Legislature.  The Gannett publishing organization -- the largest in America by circulation, reaching over 21 million people every day -- has been taking the lead with its watchdog investigative series on municipal court corruption in New Jersey.  The series has focused on the too cozy relationship between court employees and the local governments who pay their salaries. 

New Jersey's municipal courts have been described by the media as "a system that increasingly treats hundreds of thousands of residents each year as human ATMs." 

"Many cash-strapped municipalities have turned to the law for new revenue...

Towns have the power to pass new rules or increase fines on old ones. And just like the singular judge-jury-and-jailer of the old Western days, a town first enforces the higher fines through its police force, then sends the defendant to its local court — which is headed by a judge appointed by the town leaders who started the revenue quest in the first place.

While municipal judges are sworn to follow the rule of law and judicial ethics, the pressure to bring in the money is potent in New Jersey, lawyers and former judges told the Press. In Eatontown, email records between town officials showed that increasing revenue generation by the local court was the main reason the council replaced the municipal judge in 2013..."

The New Jersey Legislature is planning to address the corruption at municipal courts, with the Chairman of the Assembly Judiciary Committee  calling the "fairness of the system into question" and for the Legislature to "study municipal court reform."  Assemblyman Declan O'Scanlon (Republican Budget Officer) is promising to make it happen this year and plans on holding hearings across the state to understand the full extent of this local corruption -- case by case.  He calls the current system a "municipal money grab" and promises to explore "legal remedies."

According to the state Administrative Office of Courts, over 75 percent of the more than 4.5 million cases handled by municipal courts statewide are adjudicated with a guilty plea or a plea deal and some kind of payment to the court.  The American Civil Liberties Union (ACLU) is currently studying how municipal court corruption impacts the state's residents, especially the poor.

The Gannett report notes that the New Jersey State Bar Association earlier this year assembled a panel to study the independence of municipal judges and whether the political pressure they face through their appointment impacts decision-making. The panel is still receiving testimony and hasn't yet disclosed its findings.

The Gannett report also notes that "the municipal court system can be altered or abolished by an act of the Legislature at any time."

It cites a former member of the New Jersey Supreme Court Committee on Municipal Courts, who said that "the first step in fixing the broken municipal court system is to professionalize staff."  Most prosecutors and judges are part-time employees who work in multiple towns. 

Blogs like More Monmouth Musings and Sussex County Watchdog have received tip-offs about local municipal corruption in the past.  If you have anything to pass along confidentially, please contact More Monmouth Musings at artvg@aol.com or Sussex County Watchdog at info@sussexcountywatchdog.com.

APP/Gannett: Reform money-grabbing municipal courts

With the ACLU and the NJ Bar Association conducting major studies of the corruption endemic to the New Jersey municipal courts system -- and the Legislature about to tackle the problem with hearings scheduled for early next year -- America's largest newspaper group has added its voice to the call for reform.  Over the weekend, the Asbury Park Press/ Gannett published the following editorial (printed in full because of its importance).

Once again, blogs like More Monmouth Musings and Sussex County Watchdog are asking for your assistance in uncovering and exposing local municipal court corruption.  If you have anything to pass along confidentially, please contact More Monmouth Musings at artvg@aol.com or Sussex County Watchdog at info@sussexcountywatchdog.com.

EDITORIAL: Reform money-grabbing municipal courts

New Jersey’s municipal courts have increasingly become more interested in cash than justice.

That’s what a Gannett New Jersey investigation has found, reinforcing long-held concerns that local officials view the courts primarily as revenue generators. That motivation influences the development of local ordinances and penalties and effectively pressures locally appointed prosecutors and judges to conduct court business with an eye toward maximizing fines.

The end result is a system that unfairly exploits residents to help balance local budgets. It’s a dirty business that needs to be cleaned up quickly, and to that end we’re encouraged by the reactions of some lawmakers, in particular Assemblyman John McKeon, D-Morris, chairman of the Assembly Judiciary Committee, who is already calling for a legislative examination of the court system in the wake of our report.

There’s nothing terribly new about the realization that money rules the municipal courts. We’ve heard such complaints for years, and rare is the person who hasn’t at some point railed against what feels like selective enforcement of traffic laws by police officers filling ticket quotas.

Disenchantment with the court system is inherent; people don’t often appear before a judge to contentedly pay fines they believe they deserve.

But as local budget burdens have increased, so too has the abuse of the municipal courts. For instance, in the Jersey Shore counties of Ocean and Monmouth, court revenue jumped 14 percent between 2010 and 2015. But perhaps more significantly, among the individual towns where increases occurred, the average hike during that same period was 39 percent. That tells us that while not every community is abusing the system, many are doing so outrageously, especially in smaller towns where the court revenue can build up to a substantial portion of the overall budget.

MORE: Town profits spiked under municipal judge

Defenders of the current system fall back on some familiar tropes, none of which deserve much credence:

If the fines bother you, don’t do anything wrong: Such expectation of perfection is egregiously self-righteous. We’re not talking about crimes here, but such heinous offenses as a lapsed dog license or an expired auto inspection sticker. People make mistakes, and while penalties are needed to assure compliance, that doesn’t explain the size of the fines and the frequency with which they are applied.

This is about safety, not money: No it’s not. Safety may be the theoretical underpinning of most of these ordinances and traffic laws, but that’s not how the process plays out in practice. A prime example had been the automated red-light cameras calibrated to issue as many tickets as possible at designated intersections. Legislators mercifully scrapped that program, at least for the time being.

Our judges and prosecutors are above reproach: While there are some bad apples, no doubt, this isn’t primarily about the court personnel. Even those with the best intentions understand that their marching orders from the local officials who appointed them are to squeeze residents for as much fine money as possible. That has to be in the backs of their minds, and their ability to continue in their posts may depend on that particular measure of success.

MORE: Judge Thompson suspended from nine Monmouth County jobs

Insulating the municipal judiciary in some fashion from those local pressures appears to be the most likely and most effective reform. Judges should not be forced to bow to local officials’ revenue grabbing just to keep their jobs; those who do the right thing and more definitively place justice first will merely be replaced, doing residents no good in the long run.

How best to achieve that independence, and overcoming what’s certain to be aggressive local resistance, remains the overriding question. The New Jersey State Bar Association has already been studying the problem, but has not yet released a report. Taking away local control of municipal judge and prosecutor appointments could be an option, as would a potential regionalization of the courts; under the current system, all fines from local ordinance violations go the municipality, while traffic fines are shared with the county. Spreading the fine proceeds more widely would reduce the local incentive.

Some locals who concede the value of the court revenue say it helps pay for services about which residents care, and that might otherwise have to be sacrificed — like trash pickup or snow plowing. That’s a convenient justification, but the perception would be different if the “sacrifice” was, for example, the trimming of some outrageous local salaries.

Regardless of the financial impact, however, a court system that emphasizes revenue collection to the degree of New Jersey’s municipal courts is failing residents. That has to change.

 

APP exposes corruption at NJ municipal courts

The Gannett publishing company is the largest in America by circulation -- reaching over 21 million people every day.  Its flagship in New Jersey is the Asbury Park Press (APP) -- the second most read newspaper in the state.

This week the Asbury Park Press has continued its watchdog investigations, this time focusing on the corruption in local municipal courts in New Jersey and the too cozy relationship between court employees and the local governments who pay their salaries.  Reporter Kala Kachmar is heading the APP's watchdog investigation.  She began her series...

"Somewhere in between burying her mother and taking care of her sick father in Maryland, Neptune resident Karen Marsh forgot to renew the licenses for her two rescue poodles.

Instead of paying the $17-per-dog renewal fee, she was compelled to spend a March day in municipal court and then pay $122 in fines and fees. The total would have been $178, but the judge suspended one of the fines in exchange for a guilty plea.

Marsh became prey to a system that increasingly treats hundreds of thousands of residents each year as human ATMs.

Many cash-strapped municipalities have turned to the law for new revenue...

Towns have the power to pass new rules or increase fines on old ones. And just like the singular judge-jury-and-jailer of the old Western days, a town first enforces the higher fines through its police force, then sends the defendant to its local court — which is headed by a judge appointed by the town leaders who started the revenue quest in the first place.

While municipal judges are sworn to follow the rule of law and judicial ethics, the pressure to bring in the money is potent in New Jersey, lawyers and former judges told the Press. In Eatontown, email records between town officials showed that increasing revenue generation by the local court was the main reason the council replaced the municipal judge in 2013..."

You can read the full report here:

http://www.app.com/story/news/investigations/watchdog/investigations/2016/11/27/exclusive-inside-municipal-court-cash-machine/91233216/

A follow-up report explains that the New Jersey Legislature is planning to address the corruption at municipal courts, with the Chairman of the Assembly Judiciary Committee  calling the "fairness of the system into question" and for the Legislature to "study municipal court reform."  Assemblyman Declan O'Scanlon (Republican Budget Officer) is promising to make it happen this year and plans on holding hearings across the state to understand the full extent of this local corruption -- case by case.  He calls the current system a "municipal money grab" and promises to explore "legal remedies."

According to the state Administrative Office of Courts, over 75 percent of the more than 4.5 million cases handled by municipal courts statewide are adjudicated with a guilty plea or a plea deal and some kind of payment to the court.  The American Civil Liberties Union (ACLU) is currently studying how municipal court corruption impacts the state's residents, especially the poor.

The APP report notes that the New Jersey State Bar Association earlier this year assembled a panel to study the independence of municipal judges and whether the political pressure they face through their appointment impacts decision-making. The panel is still receiving testimony and hasn't yet disclosed its findings.

The APP report also notes that "the municipal court system can be altered or abolished by an act of the Legislature at any time."

It cites a former member of the New Jersey Supreme Court Committee on Municipal Courts, who said that "the first step in fixing the broken municipal court system is to professionalize staff."  Most prosecutors and judges are part-time employees who work in multiple towns. 

Blogs like More Monmouth Musings and Sussex County Watchdog have received tip-offs about local municipal corruption in the past.  If you have anything to pass along confidentially, please contact More Monmouth Musings at artvg@aol.com or Sussex County Watchdog at info@sussexcountywatchdog.com.