High Court Slated to Determine Legality of
State Law
Protecting Probation Officers in Dangerous Neighborhoods
(TRENTON) –The New Jersey Supreme Court is
poised to undertake arguments in a pivotal case that will determine
whether some of the state’s probation officers would be better
protected when entering dangerous communities to seek out
probationers. The case, Williams v. The State of New Jersey, will
determine the constitutionality of the Probation Officer Community
Act, which has been under intense litigation since becoming law in
January 2002.
The Supreme Court of New Jersey will hear
oral arguments in the Williams v. The State of New Jersey case at 10
a.m., Wednesday, January 4, 2006 in its courtroom at the Richard J.
Hughes Justice Complex, Trenton.
George Christie, president of the Probation
Association of New Jersey (PANJ), expressed frustration that
probation officers working in highly dangerous communities remain in
harm’s way because of four years of legal wrangling.
“The Judiciary does not want to enforce the
law so it decided to file suit in its own court to stop its
implementation,” Christie said. “The reality is, however, that while
this case has been tied up in litigation, probation officers have
continued to risk their lives seeking out hundreds of probationers
who hide out in some of the most dangerous neighborhoods in New
Jersey.
“Families deserve the peace of mind to know
that probationers are being held accountable for their actions
without further jeopardizing the safety of probation officers or our
communities,” Christie added.
The yet-to-be-enforced law created the
Probation Officer Community Safety Unit, which is composed of five
assigned probation officers per county with a minimum of 200
officers statewide.
These designated probation officers will be
required to undergo a training course, including instruction on
firearm use, and qualify annually to use a revolver or similar
permitted firearm. In addition, completion of a basic course of
self-defense training will be mandatory for those serving in the
Community Safety Unit.
Probation officers are peace officers in
approximately 40 states, and are permitted to carry a firearm in 31
states. New Jersey-based federal probation officers are permitted to
carry a firearm as a reflection of federal judges deciding that it
is dangerous for a these officers to perform their duties in the
field.
“This law was deliberately crafted by the
Legislature to ensure that only well-trained individuals are part of
the Community Safety Unit,” Christie said. “Our ultimate
responsibility is to the citizens of New Jersey whose safety and
security would be improved if probation officers were better
equipped and trained, as called for under this law.”
There are an estimated 130,000 adults and
20,000 juveniles under the supervision of probation officers and
supervisors, who have average individual caseloads of 114
probationers.
Established in 1904, PANJ represents and
protects the interests of more than 2,800 probation officers and
supervisors from every corner of the state. The supervisors and
probation officers work in 15 vicinages that cover New Jersey’s 21
counties.