Investigation Opens Into NJ's COVID Response; It May Drop After State Elections

NEW JERSEY — Gov. Phil Murphy's administration initiated a long-awaited investigation into the state's handling of the COVID-19 pandemic, officials announced Monday. But the probe might not conclude or release findings until next year's state-election cycle ends.

Law firm Montgomery McCracken Walker & Rhoads will spearhead the independent investigation into the state's preparedness for and handling of COVID. Paul Zoubek, who served as first assistant attorney general for Republican Govs. Christie Todd Whitman and Donald DiFrancesco, will lead the effort.

The review will conclude with a comprehensive report, with state officials expecting a late 2023 release. That means voters may not know the findings until after the State Legislature elections — the general election will take place Nov. 7, 2023.

The Murphy administration's handling of the pandemic will represent a pivotal issue in the legislative elections, with Republicans seeking to make gains and Murphy's fellow Democrats hoping to maintain majorities in the State Senate and Assembly.

Murphy long promised a "postmortem" of his administration's handling of COVID. But the process took long to initiate, with Murphy saying last month that beginning the review was taking "a little bit longer" than expected.

Officials were "working on a construct that we think meets the test of comprehensive, independent, what went wrong, what went right. Not just for the sake of history but, if you will, a playbook, for future generations," Murphy said.

According to the administration, the review will include but not be limited to:

• the state of readiness in New Jersey for a pandemic in early 2020.
• prominent emergency policy decisions from state officials.
• the pandemic response with respect to vulnerable residents, including nursing home residents.
• the state's efforts to continue core functions, including providing direct services to residents.
• public health aspects, including testing, vaccinations, personal protective equipment (PPE) procurement and distribution, and coordination of the health care system and of health information around COVID.

Despite delays, New Jersey is the first state to commission an independent, comprehensive review on the pandemic, according to the Murphy administration.

"While COVID-19 is still present in our state, nation, and world, we have moved from the pandemic to the endemic phase, and now is the right time to undertake such an independent review," Murphy said. "As a widely respected, apolitical, and experienced state and federal prosecutor, Paul Zoubek is exactly the right person to lead this review, and has the experience in emergency management and government investigations that makes him perfectly suited for this task."

The World Health Organization has warned against treating COVID as an endemic disease. But with new vaccines and treatments, and no recent surges coming close to the severity of last winter's omicron wave, the state has largely ended pandemic restrictions.

Since March 2020, New Jersey has reported 35,126 COVID deaths. The death toll in the state's longterm care facilities includes 8,928 residents and 139 employees as of Wednesday. The impact of long COVID is more difficult to calculate. But the American Academy of Physical Medicine and Rehabilitation estimates that nearly 840,000 adults in New Jersey have developed post-acute sequelae of COVID (PASC), which can hinder organ functions and make everyday tasks difficult.

Critics of the Murphy administration's pandemic handling have placed particular focus on the state's management of its veteran's homes early in the COVID crisis. The state has agreed to pay nearly $69 million to resolve claims that the state-run veteran's homes mishandled the virus in its early days. Read more: Lawsuits Pile On After NJ Agrees To $16M For Veteran's Home Deaths

State Sen. Kristin Corrado (R-40), a vocal critic of the state's pandemic handling, continued pushing for a separate investigation from lawmakers.

"We deserve full transparency on how the firms were hired to conduct the review, what they will review or ignore, and the information used to make any determinations," Corrado said in a statement. "This shouldn’t preclude an independent legislative investigation that should have access to all of the documents, statements, and testimony that will be considered by the firms hired by the governor, some of which has been denied previously to the public, legislators, and the press when requested via OPRA (Open Public Records Act)."