High Court Holds Child Abuse Confidentiality Statute Ambiguously Written
In a per curiam, unanimous ruling released May 24, the court said the language of the statute that criminalizes the unauthorized release or encouraging the release of confidential child abuse information is ambiguous in that it is unclear as to whether the statute applies to anyone or only to employees of the Division of Child Protection and Permanency.
May 25, 2018 at 04:56 PM
3 minute read
The New Jersey Supreme Court has affirmed vacatur of a local politician's criminal conviction for disclosing information about an opponent's child abuse allegations to an ally.
In a unanimous ruling released May 24, the court said the language of the statute that criminalizes the unauthorized release or encouraging the release of confidential child abuse information is ambiguous in that it is unclear as to whether the statute applies to anyone or only to employees of the Division of Child Protection and Permanency.
“Given that the statutory language is subject to more than one reasonable interpretation, and that extrinsic sources do not resolve that dispute, we find an ambiguity 'cannot inure to the benefit of the state,'” the court said, quoting its 1994 ruling in State v. Alexander.
According to the decision, the case stems from the 2012 election for the mayor of the city of Salem. The defendant, Isaac Young, was executive director of the city's housing authority, and his friend and political ally—Robert Davis, the incumbent mayor—was seeking re-election. Davis eventually was defeated by then-councilman Charles Washington.
At some point, the ruling said, Young received a confidential report detailing allegations of child abuse against Washington, which were later found to be unsubstantiated, the court said. He gave the documents to police Sgt. Leon Daniels for distribution for political purposes, according to the court.
Eventually, Washington discovered that the documents were being circulated. The city police chief referred the matter to the Salem County Prosecutor's Office, which launched an investigation and charged Young with disseminating confidential child abuse records, a fourth-degree crime; and third- and fourth-degree false swearing. Young eventually was convicted of the three charges and sentenced to probation, and lost his job as a result of the conviction, according to the court.
An appeals court affirmed the two convictions for false swearing, but overturned the conviction for unlawful dissemination of confidential child abuse documents.
The state appealed, arguing that the statute was meant to be interpreted broadly to include anyone.
The court, in a per curiam decision, disagreed: “It is in the domain of the Legislature to determine whether an individual who is unauthorized to view records deemed confidential under the statute, but who nonetheless knowingly gains access to such confidential records and disseminates them to others, is subject to … criminal prosecution.
“If the Legislature concludes that the state's position represents the better public policy, it has the power” to amend the statute, the court said.
Leland Moore, a spokesman for the Attorney General's Office, which handled the state's appeal, said officials there had no comment
Young's attorney, Justin Loughry, applauded the ruling.
“I'm not sure why the court accepted the state's appeal, but they correctly determined that the statute is ambiguous as written,” said Loughry, of Loughry & Lindsay in Camden.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Troutman Pepper, Claiming Ex-Associate's Firing Was Performance Related, Seeks Summary Judgment in Discrimination Suit
- 2Law Firm Fails to Get Punitive Damages From Ex-Client
- 3Over 700 Residents Near 2023 Derailment Sue Norfolk for More Damages
- 4Decision of the Day: Judge Sanctions Attorney for 'Frivolously' Claiming All Nine Personal Injury Categories in Motor Vehicle Case
- 5Second Judge Blocks Trump Federal Funding Freeze
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250