Williams v. State

895 A.2d 1128, 186 N.J. 368, 2006 N.J. LEXIS 389
CourtSupreme Court of New Jersey
DecidedApril 19, 2006
StatusPublished
Cited by2 cases

This text of 895 A.2d 1128 (Williams v. State) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. State, 895 A.2d 1128, 186 N.J. 368, 2006 N.J. LEXIS 389 (N.J. 2006).

Opinion

Justice ALBIN

delivered the opinion of the Court.

Probation officers are part of the judicial branch of government and perform many duties that are essential to the mission of our courts, including supervising probationers in criminal and juvenile cases. As an arm of the court, they are required to avoid any perception of favoring one side or another or of being in league with any party, particularly law enforcement. To that end, the Administrative Office of the Courts (AOC) has prohibited probation officers from carrying firearms, making arrests, or joining fraternal police associations.

On January 7, 2002, the Legislature enacted the Probation Officer Community Safety Unit Act (Act), L. 2001, c. 362 (codified at N.J.S.A. 2B:10A-1 to -3, 2C:39-6(e)(17)). The Act creates in the heart of the judiciary a law enforcement unit comprised of no less than two hundred probation officers, who are authorized to carry firearms and arrest probation violators. The Act directs that the New Jersey Supreme Court promulgate rules for this new [373]*373armed unit within the State’s judiciary, that probation officers assigned to the unit be trained by police authorities, and that the Administrative Director of the Courts report to the Legislature on the unit’s effectiveness.

In this appeal, we must decide whether the Act interferes with this Court’s exclusive constitutional authority over the administration of the courts under Article VI, Section 2, Paragraph 3 and Article VI, Section 7, Paragraph 1 of the New Jersey Constitution, and thus infringes on the powers of a separate and independent branch of government in violation of Article III, Paragraph 1. In the spirit of comity, we have accommodated legislative enactments touching on court administration, provided those enactments are not antithetical to the judiciary’s core goals. Because the Act fatally compromises the independence of the judiciary, and hopelessly blurs the line between the role of our courts and law enforcement, we have no choice but to declare the Act unconstitutional.

I.

The Probation Officer Community Safety Unit Act

In a series of findings and declarations, the Legislature explained its reasons for enacting the Probation Officer Community Safety Unit Act:

a. The enforcement of probation sentences is crucial to the public safety;
b. Despite a drop in the overall crime rate, the number of dangerous and repeat offenders who are serving probation sentences has continued to rise in New Jersey;
c. The number of probationers who have violated the conditions of probation and have a warrant issued for their arrest has reached 15,000;
d. Probation officers working in the New Jersey state courts are not currently permitted to enforce these warrants;
e. Probation officers in other states are permitted to act as law enforcement officers.
[N.J.S.A. 2B:10A-1.]

As a result of those concerns, the Legislature “established within the Administrative Office of the Courts a ‘Probation Officer Community Safety Unit,’ ” consisting overall “of no less than 200 [374]*374probation officers.” N.J.S.A. 2B:10A-2(a). The Act requires that a Community Safety Unit of at least five probation officers be assigned to every county. N.J.S.A. 2B:10A-2(b). The Act authorizes the probation officers in those units “to carry ... firearm[s]” and “to enforce warrants for the apprehension and arrest of probationers who violate the conditions of their probation sentence.” N.J.S.A. 2B:10A-2(a).

In accordance with the Act, probation officers in the Safety Unit must undergo “law enforcement,” “firearms,” and “self-defense” training in courses administered by the Police Training Commission and must “annually qualify in the use of a revolver or similar weapon prior to being permitted to carry a firearm.” N.J.S.A. 2B:10A-2(a), -2(c), -3; N.J.S.A. 2C:39-6(c)(17). The Act specifies that the law enforcement and self-defense training must be in accordance with rules adopted by the Supreme Court. N.J.S.A. 2B:10A-2(a), -3. The Act further specifies that probation officers in the unit must comply with rules to be adopted by the Supreme Court when they carry their firearms; arrest, detain, and transport probationers; and enforce the criminal laws. N.J.S.A. 2B:10A-2(a).

Last, Section 5 of the Act provides that “[t]he Administrative Director of the Courts shall report within 18 months of th[e] act’s effective date to the presiding officers of the Senate and General Assembly regarding the effectiveness of the ‘Probation Officer Community Safety Unit’ ... in tracking and apprehending probationers.” L. 2001, c. 362, § 5.

II.

Procedural History

The procedural history in this case is fully detailed in Williams v. State (In re P.L.2001, Chapter 362), 375 N.J.Super. 485, 490-502, 868 A.2d 1034 (App.Div.2005). An abbreviated history here will illuminate the issues that must be addressed by this Court.

[375]*375On April 23, 2002, Administrative Director of the Courts Richard Williams filed a complaint captioned “In the Matter of P.L. 2001, Chapter 362,” seeking a judgment declaring that the Probation Officer Community Safety Unit Act violated the New Jersey Constitution by infringing on the exclusive powers of the judiciary under Article VI and by breaching the separation of powers under Article III. Specifically, the complaint alleged that the Act invests probation officers with law enforcement powers, which are incompatible with their judicial roles, and places them under the dual supervision of the Supreme Court and the Attorney General.

The trial court ordered the re-eaptioning of the complaint, naming Williams in his capacity as the AOC Director as plaintiff and the co-Presidents of the State Senate and the Speaker of the Assembly in their capacities as leaders of the New Jersey Legislature as defendants. Later, the court permitted the State of New Jersey to be named as defendant in place of the legislative defendants. The court also allowed the Probation Association of New Jersey and the Probation Association of New Jersey Professional Supervisors Union (PANJ) to intervene. See Williams, supra, 375 N.J.Super. at 491, 868 A.2d 1034. Throughout the litigation, despite its status as an intervenor, PANJ has been treated as a defendant. See id. at 532, 868 A.2d 1034 (noting that “PANJ was granted full party status” and that “any failure to designate it a defendant was of no practical consequence”).

PANJ attempted to remove the ease to the United States District Court for the District of New Jersey, but failed because of lack of federal subject matter jurisdiction. PANJ then moved to dismiss or to transfer the matter to a special master or a neutral third party, claiming that the judiciary should not be a judge in its own cause. PANJ also moved to compel arbitration, claiming in effect that its collective bargaining agreements with the judiciary required an arbitrator to resolve the constitutionality of the statute.

In denying PANJ’s motions, the trial court declined the invitation to disqualify the entire judiciary on the ground of bias and [376]

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Bluebook (online)
895 A.2d 1128, 186 N.J. 368, 2006 N.J. LEXIS 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-nj-2006.