Clerks Living In New Jersey Who Carry A Firearm.

Anyone who knows me, also knows that I strongly encourage clerks to put in for gun training. I think that everyone that is eligible should be trained, whether they choose to carry or not. Choosing to carry a firearm poses an additional challange if you happen to live in New Jersey. We all know about HR 218, the Law Enforcement Officer Right to Carry Act, signed by President George Bush in July 2004, that allows us to carry concealed throughout the 50 states. That law also states that we are subject to the local guns laws of the state we choose to carry in. In NJ this means that we are subject to a ban on the use of hollow point bullets. I have contacted my local police department, NJ State Police, Attorney General's Office, Mercer County Procecutor's Office, the Governor's Office and Congressman Rush Holt and have not been able to obtain an official answer as to what sort liability we are exposed to if we carry a firearm in NJ according to our agency policy. I heard unofficially, via the office of Congressman Holt that it is probably best not to carry in NJ.

I decided to test this out by applying for a concealed carry permit in NJ. I filed my application with my local police department. The initial impression given by the licensing officer was that my application would be denied on the basis that I did not need it. It was his belief that HR 218 was sufficient. The matter was then referred to a Superior Court Judge and much to my surprise the application was approved. The only restriction placed on the permit is that it is subject to my continued employment with the New York State courts.

It is unlikely that in a routine traffic stop or some other innocuous encounter with local police that they will try to jam up a law enforcement officer from another jurisdiction. It may be another thing entirely, if the firearm is somehow involved. I don't know what the agency's indemnification will be worth when you are facing criminal charges in another state. I think that it would be important to find out. Unfortuately, obtaining an answer from either OCA or the union has proved equally difficult.

For now I'll keep my NJ carry permit in the same wallet as my sheild and ID. I don't know if I will ever have the need to use it. I don't know if it will actually help. I hope to never have to find out.

I would love to hear from any of you that live in NJ. What has been your experience with this issue? Is there any information that you can add to this discussion?

Let's clear the record.

When I first started this blog my original posting clearly stated that "I" started this as a way for all of us to communicate and share ideas. One of the very first invitations I sent out was to the New York State Court Clerks Association, asking for their comments or contributions to the blog. I never tried to pass this off as a site sponsored by the NYSCCA. I am a member of the Association and a former member of the Board of Directors, reaching out to other members. Imagine my surprise when I received a letter from the Association's attorney asking that I post a disclaimer on the site. For the record, I wholeheartedly agree that there should be no confusion about who is administering this blog. But, why waste time and money (I am sure this already cost more than I pay all year in dues) with an attorney, when on the day that I created the blog I sent the Association the link and invited their comments. I never received a phone call or an email expressing any concerns.

Anyone who knows me, knows that I take great pride in being a Court Clerk and that I am very passionate about all issues pertaining to our title series. I am always willing to invest my time and energy championing our causes. Unfortunately, a great many of our members do not feel the same way. Many of our members are disaffected and disillusioned as evidenced by our low participation rate in union elections and meetings. It would seem that the Association should want to work with someone like me. I think we should be able to work collaboratively, instead of promoting an adversarial relationship. Regardless of our differences in opinion, the executive board should not be allowed to use intimidation tactics against any member. Whether you support this blog idea or not, you should support freedom of speech and expression. The Association claims to "encourage(s) noncommercial expression and editorial". I leave it to you to decide if their actions support their words.

Have You Completed Peace Officer Training?

For those of us that are not former court officers that is a good question. In order to be certified a peace officer by the Division of Criminal Justice Services (DCJS) we must complete both peace officer and firearm's training. If this training is not completed within the first 12 months of appointment you may not excercise your authority as a peace officer until you complete the requisite training. Additionally, you are not permitted to supervise personnel that either carries or has access to a firearm if you have not completed firearm's training. This information maybe news to some of you. (Please read a handbook titled " A Guide To Peace Officer Employers" promulgated by the DCJS for more detailed information. )

We need to encourage those among us that have not yet completed the training to complete their certification. The training we get from the academy is worth in excess of $2000.00 if you had to obtain it privately. Learning to handle a firearm is a valuable skill. We work around firearm's everyday and we never know if we will be called upon to handle or safeguard a weapon. I understand that many of you that have not gone for training might say that you don't want a firearm. I am not suggesting that you get one, if you prefer not to. Once you complete the training you have 3 options:

1. Purchase a firearm and qualify annually in order to maintain your carry status.
2. Don't purchase a firearm and use a loaner/range weapon to qualify annually in order to maintain your carry status.
3. Don't purchase a firearm and do not qualify annually and have "No Gun" stamped on your ID card.

No matter which option you choose you will have met the requirements for certification by DCJS.

Why is this important? Our peace officer status is at least part of the reason we are classified JG-21 and not JG-18 like our upstate counterparts. At a time when we are fighting for reclassification and the union is asking the legislature for "Police Status" does it serve our cause to have so many in our ranks that are not firearm's trained? We need to do this for our own security and the future viability of our title. JM

Tooting Our Own Horn

It always seems easier to point out those we think do their job poorly, while at the same time failing to recognize those that do their job exceptionally well. Through this forum, I hope that we can single out those that seem to be getting it right. Case in point, David Sullivan, Associate Court Clerk at New York County Family Court. He is extremely knowledgeable, as one might expect from a clerk with his tenure. If you come to him with a question he will stop whatever he is doing, give you his undivided attention and stay with you until your issue is resolved. As a new clerk in Family Court I can't tell you how invaluable his assistance was at times. Even if you just needed help finding a missing file (which almost never happens lol) he would stop what he was doing and help you look. I think about that experience every time I meet a new clerk and am called upon for some assistance. Thanks Dave, we could use a few more like you. JM

Memorial Day Message

FREEDOM WAS NEVER FREE

Bilingual Pay Differential

Just recently one of our members brought to my attention that in CA and AZ clerks are paid some sort of differential for their bilingual skills. As a former interpreter I have often wondered why such an important skill ceased to have value (to OCA) once I became a clerk. In the courtroom we always have an interpreter available. However, at many information desks and front counters it is a bilingual clerk that is called upon to assist these court users. What do you think? How many of you are using this skill on a regular basis. Should this be the basis for some sort of pay differential? Is it fair to those members that do not speak a second language? JM

Introduction

While going through the process of campaigning for the upcoming Director/Delegate elections I came to understand how difficult it is for us to communicate with other members. I have decided to start this forum in the hope that it will beome a means for us exchanging ideas and discussing issues that are important to us as court clerks. I hope that we can make something of this. JM