BAR REPORT - Sept. 20, 2021
Hearings to begin on validity of drug recognition testimony; NJSBA hosts shredding event; State bar to honor Tischler Award recipients
September 20, 2021 at 08:00 AM
8 minute read
New Jersey State Bar Association Headquarters, New Brunswick, NJ. Credit: Google
Capitol Report
Hearings to begin on validity and reliability of drug recognition testimony
A hearing is expected to begin today in the matter of State v. Olenowski on the issue of the admissibility of drug recognition evaluation (DRE) evidence. The Supreme Court has appointed a special master to hold a hearing and make a recommendation on the reliability of DRE evidence in the matter, calling into question the reliability of expert testimony of DREs who perform drug influence evaluations (DIE). John Menzel and Joshua Reinitz, who are both former chairs of the New Jersey State Bar Association's (NJSBA) Municipal Court Practice Section, will participate on behalf of the NJSBA before Special Master Joseph F. Lisa, a retired judge. The hearing is expected to last at least six weeks.
The Association appeared as amicus curiae in Olenowski to question the legitimacy of DRE testimony. It argued that DRE testimony lacks the foundation to meet the Frye standard for expert opinions. "The integrity of our justice system rests on ensuring that only that evidence that meets the stringent requirements set by our courts for expert testimony is admissible as such," said the NJSBA in its brief in the underlying matter.
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