New Jersey Senate Bill S1902

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Makes public officers or employees convicted of certain crimes or found at fault in certain civil actions liable and subject to pension garnishment for public legal expenses and illegally obtained funds.

Impact

The bill introduces a mechanism for the recovery of legal costs from public officers who violate criminal laws or civil responsibilities linked to their public duties. Specifically, it makes such individuals liable to the state and other public entities for the cost of their prosecution and the costs of legal representation if they are found liable in civil matters. Furthermore, the bill subjects their retirement benefits or pension contributions to garnishment, providing a route for the state to recover misused funds or legal costs arising from wrongful actions committed during their service.

Summary

Senate Bill S1902 proposes significant changes to the legal liabilities of public officers or employees in New Jersey who are convicted of certain crimes or found at fault in civil actions related to their office or employment. Under this bill, any public officer or employee convicted of offenses that involve their official capacity would be held responsible for reimbursing public legal expenses incurred during their prosecution. This applies particularly where the individual received public legal representation. The bill aims to deter misconduct among public officials by imposing direct financial accountability for their actions.

Contention

One notable point of contention surrounding S1902 is the potential implications it could have on public officials' rights and protections. Critics may argue that imposing financial liabilities on public officers for receiving legal representation at public expense undermines their ability to defend themselves. Furthermore, concerns may arise regarding the fairness of the law in relation to its potential to discourage qualified individuals from public service due to fear of financial risks associated with legal proceedings. The requirement for pension garnishment could also spark debate on the balance between accountability and the rights of public workers.