Codey bill curbing prosecutors' political ambitions heads to judiciary committee

Senate Judiciary Chairman Paul Sarlo (D-Wood-Ridge) said he intends to post Senate President Richard Codey’s (D-Roseland) bill that would bar the state attorney general, first assistant attorney general and county prosecutors from running for elected office for two years after leaving their respective positions. 

But he would also like to look into expanding the legislation to include federal prosecutors.

“I would support this measure and post it for a hearing but I also want to get an opinion on whether we can apply this to U.S. Attorneys and therefore include all those who can prosecute,” Sarlo told PolitickerNJ.com. 

He would not comment when asked if the tenure of former U.S. Attorney Chris Christie – who declared his Republican candidacy for governor several weeks after leaving his federal office - prompted his curiosity about amending and augmenting Codey’s bill.

Codey’s provision would not apply to races already underway, he said. It would go into effect 180 days after enactment, and would bar the aforementioned officials from holding elective office or holding a position within any political party or club while they are employed as a prosecutor or attorney general. 

“This is something I’ve felt strongly about for many years.  Seeing that we were able to get it done with the Comptroller, who holds similar powers, I think it’s time we do the same for our other top investigators,” Codey said.  “When you have somebody who wields the power to both investigate and bring charges against another person, you want to be confident that their motives are altruistic.

“This is a much needed step to ensure the integrity of our justice system,” Codey added. “It’s good public policy to know that those in charge of criminal investigations aren’t pursuing targets that will enhance their imminent political goals.”       

At least two Republican members of the Judiciary Committee parted company from each other on Codey’s bill, although they both said they had not come to a final opinion on the matter.

“I have always favored post employment restrictions, they eliminate a lot of contradictions,” said state Sen. Gerald Cardinale (R-Demarest). 

He didn’t think the bill should be changed to apply to U.S. Attorneys.

“Federal employees are different from state employees,” said Cardinale, arguing that they do not serve under the auspices of the governor's office and therefore should not be held to the same strictures governing attorney generals, for example. 

“I introduced a whole series of post employment restrictions limiting state employees from going to work for a casino for a period of time, and I also put in a bill that would prevent state banking examiners from working for banks for a couple of years,” added the veteran GOP senator. “There should be a cooling off period.”

State Sen. Joseph Kyrillos (R-Middletown), who serves as chairman of the Chris Christie gubernatorial campaign, said he does not favor the legislation from what he has seen to this point.

“Senator Codey today reiterated to me that this isn’t directed to Chris and that he admires the job Chris did,” Kyrillos said. “I take Sen. Codey at his word. It is nonetheless a bill that some may have some fun with in an election season that includes a very tough former prosecutor. I don’t support the concept.  We live in a democracy, and what should be demanded of every person is that when they assume their oaths of office, they make their decisions based on the merits of each case and in the interests of the people.”