Administrative Law News
Adler / Karcher Bill
On March 15, 2007 Governor Corzine signed into law the Adler / Karcher Bill to penalize public officials who commit
misconduct in office. This bill was enacted to enhance penalties for public officials in order to deter corruption in the system.
The Bill mandates forfeiture of pensions for misconduct occurring during the member's public service which renders the member's
service or part thereof dishonorable. The forfeiture may be complete or could be apportioned depending on the type and scope of
the misconduct. The Bill orders the court to order the forfeiture immediately upon a finding of guilt, or to refer the matter
for another hearing to determine the scope of the forfeiture. If the conviction or plea is for a disorderly or petty disorderly
person's offense then the judge can waive the forfeiture.
The Bill also invokes mandatory minimum terms of imprisonment without parole for public officials who are convicted.
That parole ineligibility prevents public officials from entering the Intensive Supervision Program until the mandatory minimum term is served.
The pre-trial intervention program is also affected by the bill. Public officials are not precluded from receiving the consent of
the prosecutor and entering the PTI program.
Conviction for Simple Assault Administrative law, by contrast, has progressed slowly in the past several weeks. In Frazier v. Northern
State Prison Department of Corrections, an Appellate Division decision from May 4, 2007, the Appellate
Division held that a conviction for simple assault under NJSA 2C:12-1a(3) this is not based on use of force,
does not disqualify a police officer from having a gun.
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