PSIPC: I needed round-the-clock security. That’s why this life-saving N.J. law matters
ICYMI: I needed round-the-clock security. That’s why this life-saving N.J. law matters
TRENTON, N.J. – Public Safety Information Protection Coalition (PSIPC) spokesman and former Bergen County Prosecutor John Molinelli penned the following op-ed that published this weekend on nj.com, urging New Jersey lawmakers to act to protect Daniel’s Law and the public safety protections afforded to judges, law enforcement and other public servants.
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I needed round-the-clock security. That’s why this life-saving N.J. law matters
By John Molinelli
Daniel’s Law was created to protect people like me.
As a former Bergen County prosecutor, I spent my career working alongside judges, prosecutors and law enforcement officers who sometimes faced threats simply for doing their jobs. At one point, I needed around-the-clock security because of threats against me and my family.
I am also a person covered by Daniel’s Law, which is why I have been working to save it.
Daniel’s Law was born from tragedy. In 2020, Daniel Anderl, the son of U.S. District Judge Esther Salas, was murdered at his family’s home by a gunman who found the judge’s address online.
New Jersey responded by creating protections designed to keep the home addresses and other personal information of judges, prosecutors, law enforcement officers and their families out of the hands of people who might use that information to cause harm.
Those protections are needed now more than ever.
The threats facing people who work in our justice system have only increased.
In 2023, a man who stalked a New Jersey Superior Court judge tracked down the judge’s home address and contacted the judge’s neighbor as part of a campaign of harassment and threats.
In another New Jersey case, a man who threatened a federal judge also threatened to expose the judge’s home address.
These are not hypothetical threats. They demonstrate why keeping the personal information of judges, prosecutors and law enforcement officers out of the hands of people who would use it to intimidate or harm them is a matter of public safety.
The law is at risk
But Daniel’s Law is in jeopardy — and so are its protections for covered persons.
In 2023, amendments to the law made compliance more challenging while making monetary penalties for violations mandatory.
Combined with the removal of government oversight and judicial discretion, the amendments created a powerful financial incentive to pursue multimillion-dollar claims against individuals and businesses, including those acting in good faith to comply with the law.
Those changes are now at the center of an ongoing federal lawsuit before the 3rd U.S. Circuit Court of Appeals, which has openly questioned the constitutionality of Daniel’s Law in its current form and may be poised to strike it down.
After being asked by the 3rd Circuit to weigh in, the New Jersey Supreme Court recently held that Daniel’s Law, as currently written, does not require any degree of fault, such as knowledge, recklessness or negligence, to impose liability for actual damages.
The opinion reinforces the constitutional concerns raised by the 3rd Circuit that Daniel’s Law “seems to make [individuals and businesses] liable without fault.”
The 3rd Circuit is expected to rule soon on the constitutionality of Daniel’s Law. Those of us who are covered by the law should not wait to find out how the court will rule.
The Legislature has the power to address the situation now.
A path forward
The Public Safety Information Protection Coalition strongly supports the promise of Daniel’s Law and the public safety protections it provides to judges, prosecutors, members of law enforcement and other covered persons.
But the law is broken, and it must be fixed to survive.
The coalition has been working directly with legislators, law enforcement organizations and other key stakeholders, advocating for changes that would return Daniel’s Law to its original intent, protect public servants, provide clear rules for businesses to follow and make the law strong enough to withstand future legal challenges.
A bill introduced by Sen. Gordon Johnson and Assembly Majority Leader Lou Greenwald would address the key legal issue currently before the courts, strengthen protections for public servants and make it easier for businesses and individuals to comply.
As a covered person, I want Daniel’s Law to work for me and everyone it was intended to protect.
Sitting back, doing nothing and allowing Daniel’s Law to fall is not an option.
The current state of the law threatens public safety and the very people charged with protecting the public.
Daniel’s Law was created because one family paid the ultimate price after personal identifying information was exposed. We should not wait for another tragedy or a court ruling to remind us why these protections matter.
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