NJ: Drop Coronavirus Charges In Protests, Religious Services

TRENTON – Attorney General Gurbir S. Grewal is telling New Jersey prosecutors to dismiss coronavirus-related charges against organizers of outdoor political protests or outdoor religious services.

Grewal, in a Wednesday announcement, noted that Gov. Phil Murphy has declared that, going forward, all outdoor political activity and all outdoor worship services would be permitted "in any number" because of the lower risks of COVID-19 transmission outdoors and the "centrality of these activities to society." Read more: Gov. Murphy Lifts NJ Stay-At-Home Order, Allows Bigger Gatherings

Grewal's new guidance says that in order to “ensure that all outdoor political activities and outdoor worship services receive uniform treatment,” the attorney general is directing prosecutors to dismiss the limited number of executive order violations that were previously filed against organizers of outdoor political protests or outdoor religious services.

Murphy's decision to allow outdoor political protests came after he drew flak for attending a George Floyd protest in Westfield and Hillside. One lawmaker even suggested that he should be charged. Read more: Nab Gov. Murphy For Not Distancing At Westfield Protest: Lawmaker

Five people have been charged with coronavirus violations and no individual protestors or worshipers have been cited, according to the Office of Attorney General.

“While the vast majority of New Jersey residents followed the governor’s executive orders and helped us to slow the spread of COVID-19 and save lives, and continue to do so, some did not,” said Grewal.

“We have a duty as law enforcement officers to bring violators to justice, and to do so in a way that ensures uniformity," he added. "We also have a responsibility to exercise discretion in the interests of justice, including to use diversion programs and community court if available.

"My guidance advises municipal prosecutors on the best ways to achieve those important goals of uniformity and consistency, deterrence, and responsible discretion.”

Grewal's guidance also has provided municipal prosecutors with options for using discretion in appropriate cases involving violations of the governor’s coronavirus executive orders.

Prosecutors, he said, may accept a plea to a lesser or other offense, move to amend an original charge and request dismissal of a charge.

While one reason to do so would be where the prosecutor believes there is insufficient evidence, the Grewal said other factors may play a role.

They incude:

• The person's age and criminal history
• The nature and circumstances of the offense, including whether the person had been previously warned
• Whether their offense jeopardized the health, welfare, or safety of another person, including a minor
• Whether their misconduct required a significant law enforcement or first responder response.

"A municipal prosecutor may also consider the impact of adverse collateral consequences of a conviction based on the specific circumstances or factors presented by the defendant or elicited by the court,” Grewal said.

The guidance also emphasizes the role of condition dismissals, diversion programs and community court, whenever appropriate in the interest of justice. Factors again would include the nature and circumstances, the actions of the defendant, and the needs and interest of any victims.