| Statement from OAG Director of CommunicationsJuly 24, 2018
ALL COUNTY PROSECUTORS
ALL COUNTY MUNICIPAL PROSECUTOR LIAISONS ALL MUNICIPAL PROSECUTORS
Re: Statewide Guidance on Charging Marijuana-Related Offenses in Municipal Court Dear Prosecutors:
On July 19, 2018, the Chief Municipal Prosecutor of the City of Jersey City issued a memorandum to his Assistant Municipal Prosecutors titled “New Marijuana Decriminalization Policy” (the “Municipal Decriminalization Memorandum”). The following day, July 20, 2018, I concluded that the Municipal Decriminalization Memorandum was an improper exercise of a municipal prosecutor’s authority andissued a letter pursuant to my supervisory authority under N.J.S.A. 2B:12-27 rendering the memorandum void and without legal effect.
The issuance and subsequent rescission of the Municipal Decriminalization Memorandum made clear that some municipal prosecutors would benefit from additional guidance about the scope of their discretionary authority, particularly with regard to marijuana offenses. To address this issue, I plan to convene a working group of criminal justice stakeholders – including the Hudson County Prosecutor and the Chief Municipal Prosecutor of the City of Jersey City – to study the issue and advise me on possible solutions. By the end of August, I intend to issue a statewide directive concerning the scope and appropriate use of prosecutorial discretion in marijuana-related offenses in municipal court. In the interim, I ask that all municipal prosecutors in New Jersey seek an adjournment until September 4, 2018, or later, of any matter involving a marijuana-related offense pending in municipal court. This adjournment will give my office sufficient time to develop appropriate guidance for prosecutors. Please note that this request shall not be construed in any way to create any substantive right that may be enforced by any third party. Sincerely, Gurbir S. Grewal Attorney General cc: Hon. Esther Suarez, Hudson County Prosecutor AAG Veronica Allende, Director, Division of Criminal Justice Hon. Glenn A. Grant, Acting Administrative Director, Administrative Office of the Court Jacob V. Hudnut, Chief Municipal Prosecutor, City of Jersey City |
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| Yesterday, Attorney General Gurbir S. Grewal and Hudson County Prosecutor Esther Suarez met with officials from Jersey City to discuss last week’s memorandum issued by the city’s Chief Municipal Prosecutor purporting to decriminalize marijuana. During that meeting, the Attorney General made clear that Jersey City’s decriminalization memorandum was an improper exercise of a municipal prosecutor’s authority and reiterated that it was void. The Attorney General also expressed his concern that Jersey City had acted without consulting state and county law enforcement officials before issuing the memorandum. He was particularly concerned that the rushed issuance of the memorandum – which placed officers in a position of enforcing valid laws that some may mistakenly believe had been rescinded – could undermine the community trust that law enforcement officers in Jersey City and elsewhere have worked so hard to build and could jeopardize officer safety. At the conclusion of yesterday’s meeting, the Attorney General stated that he wanted to work with criminal justice stakeholders – including County Prosecutor Suarez and the Jersey City Chief Municipal Prosecutor – to clarify the scope and appropriate use of prosecutorial discretion in marijuana-related offenses in municipal court. The Attorney General decided to convene a working group that would study these issues and advise him on a statewide directive that he would issue in August and that would provide clarification about municipal prosecutors’ authority in these cases. He also agreed to ask that municipal prosecutors statewide adjourn all marijuana-related offenses in municipal court until September 4, 2018, in order to provide time to develop the guidance. During yesterday’s meeting, the Attorney General did not commit to the final outcome of the working group or the content of the forthcoming directive. The Attorney General also reiterated that municipal prosecutors do not have the authority to unilaterally decriminalize marijuana-related offenses. This morning, the Office of the Mayor of Jersey City issued a press release that did not accurately describe yesterday’s meeting and made it appear as if the Attorney General had already agreed to the outcome of the working group and the content of the directive. The Mayor of Jersey City did not participate in yesterday’s meeting and the Attorney General regrets the inaccuracy of the city’s press statements. The Attorney General remains deeply committed to social justice issues and looks forward to working with other criminal justice stakeholders as the state examines over the coming month the appropriate scope of municipal prosecutors’ discretion in marijuana-related cases. As with all policy initiatives he has spearheaded during his tenure, the Attorney General believes that the best way to develop progressive solutions is through a collaborative approach that involves multiple stakeholders across law enforcement, civil rights organizations, and community leaders. Later this week, the Attorney General will announce the names of those participating in the working group described today. source https://nj.gov/oag/newsreleases18/pr20180724a.html | ||
