Newark Judge Weakens Police Review Board

Residents of Newark may have one less tool to fight police misconduct. On Wednesday, a superior court judge stripped the city's Civilian Complaint Review Board of its ability to subpoena or investigate police.

"The decision of Judge Donald Kessler of the Essex County Superior Court [is] a setback to criminal justice reform in America and to the critical need for citizens to have complete trust that incidents of police misconduct will be dealt with fairly, appropriately and impartially," Newark Mayor Ras Baraka said in a statement.

The Newark Municipal Council voted to establish a permanent CCRB in 2016— giving the board authority to subpoena police, audit police policies and ensure disciplinary action is taken in case of wrongdoing. The vote came two years after the federal government found Newark police rarely faced consequences for routinely violating citizens' rights

The 2014 federal report found gang and narcotics officers routinely stole money. It also found that whenever force was used, it was excessive 20 percent of the time. Also, the report said that at least 75 percent of pedestrian stops were unconstitutional.

"Newark, in an attempt to address the concerns that had been raised in the department of justice report devised a very progressive CCRB, one that would really have teeth. And this judge has pulled those teeth," said attorney Lawrence Lustberg, who argued against the judge's action on behalf of Jersey's American Civil Liberties Union and Newark Communities for Accountable Policing.

The police unions had immediately opposed the power given to the review board, saying it violated an officer's right to due process. The Newark police department currently investigates complaints through an internal affairs department, but Lustberg said that's not good enough.

"As the Department of Justice found, there's a long history of police misconduct in Newark and an equally long history of the police department investigating itself and finding no problem," he said. 

Judge Kessler told attorneys Wednesday that the makeup of the review board, which has 11 members, consisted mostly of citizens and activists who could potentially recommend disciplinary actions against police for political reasons.

"I'm not trying to impugn the integrity of any of the organizations involved in this case whose participation is heartfelt and laudable," Kessler said. But the judge said "the potential for political mischief in this body is evident."

Baraka promised to appeal the court decision. The judge did not comment to WNYC on the decision.