ASSEMBLY, No. 2729

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 20, 1997

By Assemblyman WEINGARTEN

An Act concerning the use of false legal process and supplementing Title 2C and Title 2A of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. False legal process.

    a. A person commits a crime of the fourth degree if he uses or attempts to use simulated legal process with the purpose of:

    (1) subjecting another to the jurisdiction of a non-existent court or tribunal;

    (2) subjecting another to pretended legal authority;

    (3) threatening or harassing another;

    (4) impersonating a public servant; or

    (5) taking any other action prohibited by law.

    b. As used in this section, "simulated legal process" means a document or order which falsely appears to have been issued by a court, law enforcement officer or other public official. "Simulated legal process" includes, but is not limited to, a false summons, complaint, lien, warrant, injunction, writ, notice, pleading, subpoena or order.

    2. A person who has been subjected to simulated legal process directed at that person in violation of section 1 of P.L. , c.

(C. )(now pending before the Legislature as this bill) shall have a civil cause of action against any person who participated in the use of such simulated legal process and shall be entitled to recover from any such person:

    a. Actual damages, but not less than liquidated damages computed at the rate of $100.00 a day for each day of violation, or $1,000.00, whichever is higher;

    b. Such punitive damages as may be warranted; and

    c. A reasonable attorney's fee and other litigation costs reasonably incurred.

    It is not a condition precedent to maintaining an action under this section that the defendant has been convicted of a violation of section 1 of P.L. , c. (C. )(now pending before the Legislature as this bill).     3. As used in this act, "person" means any individual, partnership, corporation, association, or other entity.

    4. This act shall take effect immediately.

STATEMENT

    This bill would criminalize a threatening tactic used by certain extremist organizations, such as militias and hate groups, to intimidate public officials and other citizens. According to reports, these groups issue false summonses, subpoenas and other simulated legal process in an attempt to subject others to the jurisdiction of so-called "tribunals" and "courts" which are operated by the groups themselves and which have no legal authority.

    Under the bill, it would be a crime of the fourth degree to use or attempt to use simulated legal process with the purpose of:

    (1) subjecting another to the jurisdiction of a non-existent court or tribunal;

    (2) subjecting another to pretended legal authority;

    (3) threatening or harassing another;

    (4) impersonating a public servant; or

    (5) taking any other action prohibited by law.

    The bill defines "simulated legal process" as a document or order which falsely appears to have been issued by a court, law enforcement officer or other public official. The term includes, but is not limited to, a false summons, complaint, lien, warrant, injunction, writ, notice, pleading, subpoena or order.

    The bill also provides that violators of the statute would be liable for a private, civil cause of action by any person who is a target of the use of simulated legal process. The bill provides for liquidated damages computed at the rate of $100.00 a day for each day of violation, or $1,000.00, whichever is higher, plus punitive damages if warranted, and attorney's fees.

    The bill is based on a suggestion by the Anti-Defamation League.

Criminalizes the use of false legal process and authorizes civil remedy.