SENATE RESOLUTION No. 36
STATE OF NEW JERSEY
INTRODUCED MAY 2, 1996
By Senator CARDINALE
A Senate Resolution memorializing the United States Congress to institute impeachment proceedings against two federal judges.
Whereas, N.J.S.A.2C:7-1 to N.J.S.A.2C:7-11, known as "Megan's Law," requires community notification of certain sex offenders; and
Whereas, These statutes were duly enacted by the Legislature and Governor in order to protect the public from dangerous and repetitive criminals; and
Whereas, The enactment of "Megan's Law" was prompted by the heinous rape and murder of seven-year old Hamilton Township resident Megan Kanka allegedly by a neighbor, Jesse Timmendequas, who had a history of repeated sex offenses; and
Whereas, Timmendequas' criminal history was not known to the other residents of his neighborhood who would undoubtedly have taken precautions and warned their children if they had only been informed of his record; and
Whereas, The enactment of "Megan's Law" is intended to prevent such heinous crimes from happening again, by way of warning community residents of the presence of dangerous sex offenders in their midst; and
Whereas, On March 15, 1996, in the case of W.P., et al., v. Poritz et al., Civ. No. 96-97, a class action suit filed by a group of convicted sex offenders, Judge John W. Bissell of the United States District Court for the District of New Jersey granted an injunction that restrained the community notification provisions of Megan's Law; and
Whereas, Judge Bissell's opinion in the case held that a failure to grant the injunction would encroach upon the individual constitutional rights of those persons in the suit, who had all been convicted of sex crimes; and
Whereas, On February 1, 1996, in the case of E.B. v. Poritz et al., Civ. No. 96-160, Judge Nicholas Politan of the United States District Court for the District of New Jersey enjoined the State of New Jersey from notifying the community of the presence of "E.B.," a paroled resident of Englewood who had previously been convicted of three sexual assaults on young boys and two murders; and
Whereas, Judge Politan's opinion in the case held that E.B.'s "individual rights guaranteed by the United States Constitution" must not "give way" to the public interest of protecting the safety of the citizenry; and
Whereas, These decisions demonstrate that Judge Bissell and Judge Politan have woefully failed to carry out the proper role of the judiciary which is to protect the public and not to protect criminal defendants; and
Whereas, Because this failure constitutes a betrayal of the public trust and a betrayal of the public welfare, and may well constitute grounds for impeachment of these members of the judiciary pursuant to federal law; now, therefore,
Be It Resolved by the Senate of the State of New Jersey:
1. The United States House of Representatives is respectfully memorialized to commence impeachment proceedings against Judge John W. Bissell and Judge Nicholas Politan of the United States District Court for the District of New Jersey on grounds that they have betrayed the public trust and endangered the public welfare by failing to uphold the community notification provisions of "Megan's Law," N.J.S.A.2C:7-1 through N.J.S.A.2C:7-11.
2. A copy of this resolution, signed by the President of the Senate and attested by the Secretary of the Senate shall be transmitted to every member of the United States House of Representatives.
STATEMENT
This resolution memorializes the United States House of Representatives to commence impeachment proceedings against two federal judges on grounds that their failure to enforce the community notification provisions of "Megan's Law" constitutes a betrayal of the public trust.
In two recent decisions, Judge John W. Bissell and Judge Nicholas Politan of the United States District Court for the District of New Jersey restrained enforcement of the law on grounds that it potentially violates sex offenders' constitutional rights. This egregious failure to understand that the proper role of the judiciary is to protect the public and not to protect convicted criminals may constitute an impeachable offense under federal law; the resolution requests Congress to commence impeachment proceedings on these grounds.
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Memorializes Congress to institute impeachment proceedings against two federal judges who have failed to enforce the community notification provisions of "Megan's Law."