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Posted on: June 14, 2021

Update on AG Directives on Public Disclosure of Officers' Identities

On June 15, 2020, Attorney General, Gurbir Grewal issued Law Enforcement Directive No. 2020-5 and 2020-6, mandating public disclosure of the identities of law enforcement officers who commit serious disciplinary violations. However, implementation of these Directives was stayed pending a legal challenge. This week the NJ Supreme Court upheld the Directives’ validity, clearing the way for all law enforcement agencies in the state to begin complying with its public-disclosure requirements.

In light of the Court’s decision Attorney General Grewal issued a supplemental Directive, Law Enforcement Directive No. 2021-6, providing guidance to all law enforcement agencies about how to fully comply with the Major Discipline Directive, and providing clarification regarding law enforcement agencies’ authority over the confidentiality and publication of internal disciplinary information and records. The supplemental Directive also sets August 9, 2021 as a new date by which all law enforcement agencies must publish their initial reports.

 The Supreme Court decision along with Directive No. 2021-6 should be carefully reviewed with your chief of police, municipal attorney, and records custodian to ensure compliance with the new mandates.

 
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.

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