Council Accuses Middletown Of Publicity Stunt In Bail Reform Battle

MIDDLETOWN, NJ — This past winter, Middletown Township filed a legal complaint with the state over bail reform.

But in late June a government agency called the Council on Local Mandates released a scathing ruling against Middletown, and implied that Middletown's legal complaint was a mere publicity stunt.

That same council, led by retired NJ Supreme Court Justice John Sweeney, a Democrat, even threatened sanctions against Middletown for filing what Sweeney called a "frivolous" complaint, "a colossal waste of the Council’s time" and "a press release.”

Bail reform is a policy championed by Gov. Phil Murphy to release non-serious criminal offenders back onto the streets after an arrest, instead of keeping them in jail on cash bail.

Middletown Mayor Tony Perry, a Republican, said this week he is not backing down in his fight against Murphy against bail reform. Coincidentally, Murphy happens to live in Middletown Township.

“Once again, the state of New Jersey has demonstrated that they would rather be a state of chaos and lawlessness rather than a state of safety and comfort for the families who call it home," said Perry.

The complaint was filed at the behest of Perry and Monmouth County Sheriff Shaun Golden, also a Republican. In January, Perry and Golden were joined by other Monmouth County Republicans to announce the legal filing in a large press conference held outside the new Middletown Township building.

Perry has long argued that bail reform has led to recidivism (a convicted criminal recommitting more crimes), and also led to the huge increase in car thefts New Jersey has witnessed in the past two years (NJ saw a 127 percent increase in car thefts from 2021 to 2022, according to the Attorney General).

In the complaint, Middletown sought to have the state of New Jersey reimburse the town $325,000 Middletown said it had to spend to hire an additional police officer to patrol car thefts.

On June 27, Hon. Sweeney ruled against Middletown, pointing out that a nearly identical challenge to New Jersey's Criminal Justice Reform Act six years ago could not proceed in the courts, because the Criminal Justice Reform Act, as law, is protected by the New Jersey state constitution.

Also, Hon. Sweeney said Middletown's Township attorney Brian Nelson released no response to his decision, other than to say he disagreed, and also accused Middletown and Perry of engaging in a publicity stunt.

"We find that we are compelled to memorialize our conclusions regarding the particular weakness of Middletown Township’s case," wrote Sweeney. "We are merely left to wonder why the complaint was filed in the first place."

Sweeney even threatened sanctions against Middletown:

"The complaint is fundamentally a press release rather than a pleading ... When a municipal attorney ... acts so cavalierly in pursuit of a complaint that he has filed with a tribunal of this state, we can conclude only that his actions and the complaint that he presumably authored are 'frivolous’ at best and a colossal waste of the Council’s time and effort ... It is the mishandling and continued pursuit of this matter that causes us to consider whether we should amend our rules to provide for sanctions for the filing of frivolous actions and allowing them to proceed to conclusion in the face of overwhelming odds."

Last week, Perry released a statement in response to Sweeney's opinion:

“Just yesterday, a Middletown police officer assigned to the New Jersey Auto Theft Task Force assisted in the apprehension and arrest of three individuals from Essex County who had existing arrest warrants for kidnapping, home invasion, and auto theft," said Perry. "Why are Middletown taxpayers left with this bill rather than the state doing its primary responsibility in protecting the citizens of New Jersey? Individuals like this should not be roaming free with impunity to continue committing more crimes that will go unpunished. The Attorney General and the Council on Local Mandates can dismiss this complaint, but they will not be able to hide from their record when it comes to upholding the law and order that they are sworn to protect.”

Original story: Middletown Files Complaint With State Over Bail Reform (January 2023)

Car Thefts In Middletown Have Increased 210 Percent In Past 6 Years (January 2023)

'Serious' Spike In NJ Car Thefts, AG Warns (March 2022)