Legal Aid & The Association ’ s Attorney
The New Jersey Police Chief Magazine | January 2024
Perhaps the most frequently asked questions put to the Association ’ s State Office concern the Legal Aid & Arbitration Committee and access to the NJSACOP ’ s General Counsel . As a general matter , members can ( and of course quite often do ) contact me with questions or seeking input or advice . If the question or request cannot be handled at the State Office , the member Chief will be referred to the Association ’ s outside General Counsel for a telephone consultation . These are for more or less routine or frequently occurring type issues .
When the issue is more complicated or the circumstances more serious , member chiefs are provided a few other options for assistance .
Legal Aid & Arbitration One of the most important services that the Association provides its members ( and more broadly , law enforcement and the public at large ) falls under our Legal Aid & Arbitration Committee . Most of the activity falls under the heading of “ arbitration ” - that is , more or less informal communication on behalf of a chief with elected or appointed officials to work out on-going problems or issues . Sometimes this is as simple as a telephone call . Other times , it is more involved and complex , including meetings and correspondence and perhaps appearances at council meetings or the like . As mentioned , this is the most frequently accessed service , and is available to any Chief who is having an issue with local officials related to his or her role as Chief of Police . Over the years NJSACOP has been very successful in helping to resolve issues in this manner before one side or the other resorts to litigation . When that occurs , the process moves to the realm of “ legal aid .”
The provision of legal assistance , or “ legal aid ” to members of the association is governed by the NJSACOP By-Laws . Specifically , the rules as outlined in this document are as follows :
ARTICLE III — CHARGES AGAINST MEMBERS — LEGAL AID Section 1 . Requests for Assistance : Any member of the Association who is in good standing and who requests financial , legal or other assistance which originates from becoming involved in any matter relating to his official conduct as Chief of Police and by reason whereof charges are preferred against him , shall forthwith notify the President or in his absence the Executive Director of the circumstances of the case . Said member shall cause to be reduced to wiring any such request for aid or assistance .
Section 2 . Requirement for Written Request : No member shall be entitled to financial , legal or other assistance in any matter unless he shall first make application in writing to the President and / or the Executive Committee requesting such aid .
Section 3 . Action on Request for Assistance : Any action taken by the Executive Committee shall be governed by the report of the Legal Aid and Arbitration Committee along with the recommendations made . The recommendation of the Legal Aid and Arbitration Committee will be made on a case-by-case basis after a complete evaluation of the application and the availability of Association funds for such purposes . In the event that the report is favorable and the recommendation is for assistance , the Executive Committee may , if the member is in good standing , take steps to mediate or otherwise resolve the dispute or charge which is the subject of the application including the furnishing of financial or legal assistance to such applicant according to the following circumstances : ( 1 ) if the applicant chooses to use the Association Attorney in his defense , the Association shall pay one-half of the legal expenses up to a maximum of $ 1,000 ; and ( 2 ) if the applicant prefers to use an attorney of his own choosing , the Association may give him financial assistance of one-half of the legal expenses up to a maximum of $ 1,000 , provided the member furnishes proof of such expenses .
Section 4 . Assistance in Criminal Matters : In the event that a member requests assistance in a matter in which he has been charged with a violation of the Criminal Statutes of the State or the Federal Government , financial assistance shall be deferred until there has been a determination of the charges . Such determination may be in any form which has the effect of a not guilty finding .
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