The NJ Police Chief Magazine Volume 26, Number 6 | Page 18

The New Jersey Police Chief Magazine | February 2020
Continued from previous page
Chiefs should consider what former FBI Director Louis Freeh did in 1994 by establishing a “Bright Line Rule” regarding any lack
of candor by an FBI employee. “Under the FBI’s standard, candor is not simply telling the truth—it confers an obligation to
disclose relevant information even if an investigator has not directly asked about it. The standards are strict—one former FBI
official estimated 20 to 30 bureau employees were dismissed annually for matters of candor.” (The Atlantic, Adam Serwer,
March 22, 2018) Although this “Bright Line Rule” may sound harsh, it is incumbent on Chiefs to clearly establish rules for their
agency and as law enforcement changes, Chiefs need to adapt to those changes to protect their personnel and agency. The
IACP National Law Enforcement Policy Center in their “Brady Disclosure Requirements” article (August 2008) wrote, “…police
must disclose to the prosecutor any information that may cast doubts on the credibility of officers participating in the case.”
They also recommended that “… successful implementation of any policy related to the reporting of Brady matters requires
training not only of those responsible for the maintenance of related records, but of all departmental personnel.” (my
emphasis) The article continued, “However, these measures (discipline) do not resolve the basic problem posed by Brady–that
the officer’s value to the department and indeed to the public as a police officer–may be permanently damaged once the
officer’s misconduct becomes known to defense attorneys.” The IACP has developed a model policy for Brady disclosures
which would be helpful in developing a policy for your agency. Since each County Prosecutor is developing their own policy, I
would recommend that Chiefs consult with their respective County Prosecutor (and of course legal counsel) before developing
any agency policy on this issue.
The last area I will address is Municipal Court. The AG Directive does not specify how those “Brady Disclosures” will be
implemented. Nor does it address if or when the disclosure is necessary. Hopefully, your County Prosecutor’s Policy will
provide guidance in this area. As we know, most Municipal Prosecutors are not full-time professional prosecutors and most of
them have their own legal practice. If “Brady Disclosures” are required in all Municipal Court cases, I assume much of the
responsibility for the disclosure in those cases will be left to the law enforcement agency. As stated previously, Chiefs need to
put this issue on their radar as a “Brady Disclosure” may be just as relevant in Municipal Court as it is in Superior Court.
In the long run, I believe this AG Directive (2019-6) will have a positive impact on the law enforcement profession and help in
maintaining the public’s trust in law enforcement. But Chiefs need to be prepared for the possible operational implications it
may present to your agency in the short term. For this reason, Chiefs should be actively working with their respective County
Prosecutor as they develop their Brady/Giglio policy.
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Glenn Miller began his career with the New Jersey State Police in 1977 and retired as a Major in command of the Field
Operations Section in 2003. He was Chief of Police of the State Campus Police Department at Stockton College (University)
from 2004-2013. He then became Chief of Detectives at the Ocean County Prosecutor’s Office, and served in that position for
over 5 years. He has been actively involved in developing policy and procedure for many years and has worked with the
NJSACOP Accreditation Program since its inception in 2004. He is now a licensed private investigator and owns Glenn Miller
Associates LLC. He has focused his LLC on law enforcement best practices regarding policy, procedures, operations and
employment.
The views, information, or opinions expressed by contributors or advertisers to The New Jersey Police Chief Magazine are
solely those of the individuals involved and do not necessarily represent those of The New Jersey State Association of Chiefs of
Police, its officers, or employees. The primary purpose of this publication is to educate and inform. This publication does not
constitute legal or other professional services or advice.
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