Who is a “Public Servant?” N.J.S.A. 2c:30-2

Who is a Public Servant?

This week I blogged about Official Misconduct. Applying to any public servant, this includes

official misconduct, public servant, N.J.S.A. 2c:30-2, N.J.S.A. 2c:27-1any officer or employee of government, including legislators and judges, and any person participating as juror, advisor, consultant or otherwise, in performing a governmental function, but the term does not include witnesses.”

N.J.S.A. 2c:27-1(g) (adopted from MPC § 240.0(7)).

Despite its broad sweep, the New Jersey Supreme Court recently applied it narrowly. The defendant in State v. Morrison, a volunteer EMT, worked for a private rescue squad. The squad got municipal funding for back-up emergency medical services. The Court ruled an EMT falls outside the meaning of public servant.

The court’s holding did not turn on the fact that the squad provided only back-up medical services. Instead, the court excluded any EMT squad from the term “public servant” because the service is public and private. This post will summarize the Court’s analysis. Read more

Official Misconduct, N.J.S.A. 2c:30-2

official misconduct, N.J.S.A. 2c:30-2A New Jersey State Prison corrections officer allegedly took bribes to smuggle contraband, per the news. Initially, some heroin overdoses took place at the Trenton jail, according to the press. Subsequently, the Department of Corrections (D.O.C.) investigated. The defendant allegedly smuggled heroin, suboxone, marijuana, tobacco, and a cell phone, per nj dot com. Consequently, the State charged the defendant with Official Misconduct, under N.J.S.A. 2c:30-2. (In addition, the State charged money laundering, conspiracy to distribute drugs, bribery, and conspiracy to use certain electronic communication devices in correctional facilities, according to the press.)

In other news, the NJ Attorney General indicted Read more