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