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Courts and Law Enforcement Respond to Coronavirus

In light of the national emergency due to the outbreak of Coronavirus (COVID-19), courts and law enforcement agencies at every level of Government have taken extraordinary actions: STATE OF NEW JERSEY ● The Chief Justice of the New Jersey Supreme Court has entered the Court’s Fifth Omnibus Order on Court Operations and Legal Practice. The … Read More

Courts and Law Enforcement Respond to Coronavirus

In light of the national emergency due to the outbreak of Coronavirus (COVID-19), courts and law enforcement agencies at every level of Government have taken extraordinary actions: FEDERAL ● The District of New Jersey is extending the stay of in-person appearances in criminal cases until late September. Chief Judge Freda Wolfson entered Standing Order 20-06, … Read More

A Public Registry of Names of Law Enforcement Officers Disciplined for Serious Misconduct Ordered in New Jersey

The Attorney General of New Jersey, Gurbir Grewal, has issued a new Directive (#2020- 5) for all state and local law enforcement agencies to begin to identify law enforcement officers (“LEOs”) who are disciplined for serious misconduct. From now on, all LEOs who are terminated, reduced in rank, or suspended for more than 5 days … Read More

New Jersey State Courts to Resume In-Person Appearances June 22

The Supreme Court of New Jersey has approved a plan to resume in-person court operations beginning June 22, as the Administrative Office of the Courts (“AOC”) enters “Phase 2” of its COVID response plan. The following criminal matters “may” resume in-person appearances beginning June 22:  Completion of suspended jury trials (5 such trials statewide), with … Read More

The Use and Abuse of Power by Prosecutors (Justice for All)

This is a time that millions of Americans are righteously speaking out against our greatly flawed system of “criminal justice” (among other things) most recently evidenced by the horrific killing of George Floyd. Most thoughtful Americans recognize that systemic racisms stains nearly the whole fabric of our culture, but it is perhaps nowhere more obvious … Read More

Courts Reluctant to Order “Compassionate Release” of Inmates During COVID Pandemic

Federal and New Jersey State Courts are reluctant to release prison inmates in the face of the COVID-19 outbreak, citing what they deem to be adequate measures by prison authorities to protect inmates and to grant early release under existing programs. On June 4, the Supreme Court of New Jersey unanimously denied an application for … Read More

THE FBI 302: AN ARCHAIC, AND SOMETIMES A TRUTH-ALTERING, LAW ENFORCEMENT DEVICE

The never-ending, always-expanding saga surrounding the federal government’s investigation and prosecution of President Trump’s first National Security Advisor, Michael Flynn, is truly extraordinary. The case began simply enough with a guilty plea to a false statement charge under 18 U.S.C. § 1001 under a cooperating plea agreement which enabled Flynn (and, reportedly, his son) to … Read More

BRIDGEGATE’S LESSONS OF FAILURE

Last Thursday’s reversal of the Bridgegate convictions of Bridget Kelly and William Baroni by the United States Supreme Court was hardly surprising, especially given the Justices’ extreme skepticism, as expressed during oral argument in January, about whether the federal property fraud statutes charged (federal program fraud, 18 U.S.C. § 666, and wire fraud, 18 U.S.C. … Read More

Courts and Law Enforcement Respond to Coronavirus

In light of the national emergency due to the outbreak of Coronavirus (COVID-19), courts and law enforcement agencies at every level of Government have taken extraordinary actions: FEDERAL ● For more information, see our prior posts. STATE OF NEW JERSEY ● The New Jersey Supreme Court previously ordered that sentencing hearings may proceed via remote … Read More

Federal Courts Begin Implementing Proactive Procedures Addressing the Spike in Demand for Prisoners’ Motions for Early Release

In response to the ongoing COVID-19 emergency and widespread reports of the virus reaching prisons, the Massachusetts Federal Courts have issued a COVID-19 related order “Concerning Appointment of Counsel and Motions for Early Release Under 18 U.S.C. § 3582(c)(1)(A).” The referenced statute (18 U.S.C. § 3582(c)(1)(A)) permits courts, upon motion, to reduce a term of imprisonment … Read More