[This article from http://www.nj.com/news/bridgeton/index.ssf?/base/news-0/1041599419209400.xml. Thanks to Carol for bringing it to our attention. Leon]
State files request for stay on judge's forfeiture ruling
Friday, January 03, 2003
PETE McCARTHY
Staff Writer
The state filed a motion Thursday to ensure county prosecutors still have the ability to spend money made during the collection of forfeited items, during the appeal of a Salem County judge's decision.
Last month, Superior Court Judge G. Thomas Bowen ruled that it was unconstitutional for prosecutors to confiscate property and other items used during the commission of a crime and then sell them for profit.
Bowen didn't immediately rule on the stay request Thursday.
State officials will fight to have this ruling overturned.
All of this came following a Millville woman's fight to have her 1990 Ford Thunderbird returned after it was taken because her then 17-year-old son was driving the car when he sold marijuana to an undercover officer.
Carol Thomas, who used to be a Cumberland County sheriff's officer, went to a non-profit organization in Washington, D.C., and took the state to court on the matter. Not only did she fight to get her car back, but eventually looked to get the law changed because she felt it was unconstitutional.
After three years in the courts, Bowen made his decision.
The state has 45 days from the Dec. 12 ruling to appeal and will meet that deadline, according to John Hagerty, spokesman for the state division of criminal justice.
By making the move Thursday to have a stay of the judge's decision, county prosecutors can continue collecting the money and distributing it out as necessary for various police expenses.
"We need to always use that money for law enforcement purposes," said Cumberland County Prosecutor Arthur Marchand. "It would do nothing but damage law enforcement."
It is not a substantial amount of money, but it is necessary to pay for better training and equipment for officers, according to Marchand.
Cumberland County raised $353,845 from forfeiture claims over a three-year period, Gloucester got $1.2 million and Salem had $166,486.
The state realized the problems that would arise if prosecutors were not able to continue with business as usual until an appeal is heard.
"We don't want to impact the prosecutors' abilities to continue with forfeiture," said Hagerty. "It would present administrative problems for the county prosecutors."
A ruling like this should be heard by the Appellate Division and not interfere with the job of the prosecutors, he said. The legislature should also have the opportunity to review the current civil forfeiture statute and amend it if needed.
"The thrust of our request is for a stay," said Hagerty. "The current forfeiture laws do not deny due process to property owners whose property has been subject to forfeiture."
Thursday's request gets the wheels in motion for the appeal.
It was something that was expected by the Institute for Justice, the Washington, D.C. based public interest firm that handled the case for Thomas.
"That doesn't surprise me," said Samuel Bullock, senior attorney for the group. "We of course are fully prepared to defend Judge Bowen's decision and we are confident that the appeals court will uphold his judgment and if necessary the Supreme Court of New Jersey will do so as well."
Bullock said he will fight the request for a stay and ask that if the money is collected, that it cannot be distributed to police agencies until a final ruling is made during the appeal.
******************************************************
FEAR also offers an unmoderated discussion list and digests for all lists
List unsubscribe: mailto:fear-list-request@mapinc.org?Body=subscribe
Swap to digest: mailto:owner-fear-list@mapinc.org?subject=gest
******************************************************