Wilfredo Benitez, a municipal court judge in East Orange and Belleville, was acquitted of drunken driving, but what he allegedly said during the arrest led to ethics trouble.
On Aug. 19, 2020, our Supreme Court, in Fraternal Order of Police, Newark Lodge No. 12 v. Newark (A-15-19), issued an opinion that essentially nullified a Newark ordinance establishing civilian review of the Newark Police Department (NPD). Chief Justice Rabner dissented and we strongly agree with his dissent, as well as the well-reasoned opinion of Judge Fasciale in the Appellate Division. The majority’s opinion, on the other hand, authored by Justice LaVecchia and also well-crafted, is very disappointing and we think wrong. While we understand that the majority opinion is based upon principles of statutory interpretation, we disagree with its practical effect and implore the legislature to act to avoid New Jersey being on the wrong side of history.
The history of relations between residents and the police in Newark is not something we can be proud of. Newark’s 1967 civil disorders were famously precipitated by the arrest and mistreatment of a black taxi driver by white police officers. Much of the reason for the 5 days of unrest that followed, involving the deaths of 26 people and massive property damage, is attributable to widespread, persistent, and discriminatory misbehavior by Newark police officers. After the unrest, the city’s police department continued to tolerate or ignore and perhaps even encourage violence and other unconstitutional behaviors by many of its members. Minority residents in Newark have borne the brunt of this horrific state of affairs in the fifty years since.
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