Who is a Public Servant?
This week I blogged about Official Misconduct. Applying to any public servant, this includes
any 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
Burlington Township cops claim two men called 911 to divert police from their traffic stop. It all began when an officer stopped the car because of a flat tire, per the news. While the officer was investigating the car’s invalid registration, 911 allegedly received a call about a robbery in another location. But when other officers responded to the robbery, the police found neither victim nor sign of a crime. Therefore, the cops suspected the call may have been bogus, per the news. Further investigation indicated Read more
