N.J. Attorney General Platkin Ordered to Surrender Control of Paterson PD

On March 27, 2023, it was announced by New Jersey Attorney General Matthew Platkin that his office seized control of the Paterson Police Department. In that announcement, it was said that the Office of the Attorney would be “superseding the Paterson Police Department, and assuming control of all police functions, including internal affairs investigations, effective immediately.” On December 18, 2024, a three-judge panel in the Superior Court ruled on the matter which was on appeal. The ruling reversed a former opinion and found that Attorney General Matthew Platkin’s office “exceeded their statutory authority.”

 The 2023 supersession, per the opinion, originated “after a tragic incident in Paterson concerning an officer-involved shooting.” It was said that “the Attorney General (AG) directly superseded, or took over, the entire Paterson Police Department (PPD), without the consent of city officials.” It was that move that caused multiple lawsuits against Platkin, as he was working outside the scope of his authority.

 When Platkin took control of the Paterson Police Department a number of initiatives were announced, in addition to the usurpation of the local government. Those initiatives included a state-wide overhaul of New Jersey’s use of force guidelines, the use of violence intervention programs, and the creation of a group to thinktank policy and procedure change.

 “Due to a number of events and concerns relating to the Paterson Police Department, there is a crisis of confidence in law enforcement in the City of Paterson,” Attorney General Platkin said in a 2023 statement. “People throughout Paterson deserve a public safety system that protects and serves all members of its community, just as the members of the Paterson Police Department deserve adequate resources, support, and innovation from their leadership.”

 The December 18^th’s 39-page opinion written by Superior Court Judge Smith answered an important question. “This administrative appeal presents us with a question of first impression: Does the AG have the authority to directly supersede all operations of a municipal police department without the consent of the municipality?” Smith’s opinion said this was a resounding “no.”

 After a review of the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 to -117, as well as other relevant statutes and jurisprudence, we conclude the answer is no. We reverse the AG’s supersession of March 27, 2023, and direct defendants to reassign the police chief to Paterson from the PTC and restore day-to-day operational control of the PPD to plaintiffs for the reasons which follow.

 The court did not address whether or not there was any deprivation of the rights of the injured. Smith concluded that the question did not have to be answered because Platkin did not have the authority to remove the chief law enforcement officer of Paterson. “Because we conclude defendants exceeded their statutory authority,” the opinion stated. “We need not reach plaintiffs’ claims that defendants violated plaintiffs’ rights under the New Jersey Constitution, the Home Rule Act, and various other statutes.”

 Platkin responded quickly with a statement where he addressed the ruling:

We are deeply disappointed with today’s ruling — which comes nearly two years after the State took over the Paterson Police Department, having now spent millions of dollars to improve conditions in the City — and will be appealing immediately to the New Jersey Supreme Court. For decades, supersession has allowed both Attorneys General and County Prosecutors to directly manage law enforcement agencies when the circumstances call for it — as they did in Paterson when our office stepped in following a fundamental breakdown of community trust. Since then, murders, shootings, sexual assaults, robberies, and other violent crime in Paterson have all plummeted, while officer morale and community trust have dramatically improved. We are enormously proud of the extraordinary progress the Paterson Police Department has made and we remain deeply committed to Paterson and to the crucial work of making the City safer for all its people, including as this wrongful decision is appealed. The decision does not take effect immediately, and we will be seeking emergency relief from the Supreme Court to protect all the progress we have made to date.

 The ruling ended with a stay being put in force. “We stay this matter for three business days from the entry of this decision by the clerk to permit any party to seek emergent relief from the Supreme Court,” the opinion ordered. “Should any party file such an emergent application with the Court, the stay shall continue until the Court disposes of the application, or until further order of the Court.”

 Platkin made it clear that he intends to appeal the decision. How the Supreme Court of New Jersey will deal with this case is not yet known. This opinion, regardless of how long it takes to reconcile the matter, is a blight on Governor Phil Murphy’s second gubernatorial term. This usurpation of the authority of Paterson’s officials will likely be scrutinized closer in the future should the governor seek higher office such as that of the president. It was Governor Phil Murphy who either allowed or directed his appointed attorney general to act in the manner he did.