TRENTON — The state Senate today passed a bill restricting the state Supreme Court’s new rules for witness testimony by limiting the types of cases where people can testify outside the courtroom. The justices said in September that out-of-court testimony would be allowed if prosecutors could prove a witness had been intimidated. The bill passed in the Senate upholds...
TRENTON — The state Senate today passed a bill restricting the state Supreme Court’s new rules for witness testimony by limiting the types of cases where people can testify outside the courtroom.
The justices said in September that out-of-court testimony would be allowed if prosecutors could prove a witness had been intimidated. The bill passed in the Senate upholds that rule only for criminal proceedings, not civil suits.
"The right to confront your accuser is a fundamental one in the Constitution," said Sen. Nicholas Scutari (D-Union), one of the bill sponsors. "If we’re going to allow that right to be trampled or at least done away with, we should do it very carefully."
The bipartisan legislation, which cleared the upper house, 24-15, drew objections from some Senate Republicans and Christie administration officials, who worried about weakening the new rules.
"We’ll give it a careful look, but I think it’s fair to say there are issues with the bill," said Michael Drewniak, spokesman for Gov. Chris Christie. "Why would they not adopt federal standards or adopt our own judiciary’s recommendation? There’s probably a good reason it’s the standard for most states."
Prosecutors have said the looser rules would help them fight gang crime more effectively. Paul Loriquet, a spokesman for Attorney General Paula Dow, said intimidation was "a significant problem in Essex County" when Dow was the county prosecutor.
"We believe this amended version is a step in the wrong direction," he said. "The current version would provide less protection for witnesses than in federal cases and other jurisdictions."
He added that the Supreme Court already provided safeguards for constitutional rights in its guidelines.
Scutari sought to allay concerns on the Senate floor, saying all kinds of gang crime, domestic violence and white-collar crime would fall under the proposed rules. He called the bill (S2628) a good compromise to what courts wanted.
A previous version of the bill limited the so-called "hearsay exceptions" for witness testimony even further, allowing them only for violent crimes. But it never made it out of the Senate. The bill that passed today now advances to the Assembly.