State Attorney General Zulima V. Farber
 
Farber differs with senators on corruption

AG opposes mandatory prison

Posted by the Asbury Park Press on 06/16/06
BY TOM BALDWIN
GANNETT STATE BUREAU

TRENTON — Corrupt politicians should not necessarily have to go to jail or lose a pension, the state's top law enforcement officer said Thursday.

"I oppose mandatory sentences," including jail time, said state Attorney General Zulima V. Farber at a Senate Judiciary Committee hearing on how to fight public corruption.

Farber favors "harsh penalties" at judges' discretion but said she would oppose forfeiture of a pension by a politician or other public employee who had gone bad. Her opposition to mandatory sentences is well known. She said it would be unfair, for example, to deny the pension of a 30-year government veteran who turned corrupt in year 31. But Sen. John Adler, D-Camden, who is chairman of the Senate Judiciary Committee, differed. "Crime is a crime," he said.

"There should be forfeiture," not just of pensions but freedoms, Adler said. He said he favored "mandatory jail time for public figures who violate the public trust."

This point of difference is expected to sharpen in Farber's tenure. The Legislature has been moving toward tougher penalties and more restrictive laws, at least in terms of public corruption, which is counter to some of Farber's positions.

The committee called Farber to testify as political corruption remains a leading concern in New Jersey. Since 2002, about 200 public officials in New Jersey have been indicted by federal and state authorities.

"What can we do to make New Jersey less corrupt?" Adler asked Farber.

"We can do better coordinating with other agencies of government," she replied.

"We are all on the same team here. We are not in competition," Farber said. She added later: "Allegations are just that, allegations. If allegations are not supported by sufficient facts, a person should not be forced to face public scrutiny based on rumor and innuendo."

Farber said confidentiality would be a hallmark of her term in office, and "we will aggressively pursue and develop leads."

Adler, saying he was speaking as an irked New Jersey taxpayer, later ticked off areas where Farber should act promptly.

"She should lay off more people in the Division of Law. It's still bloated," he said. He added later, "I want us to take action against wrongdoing. We hear of these investigations. Months and years go by. We never hear about it. . . . I am startled we have not indicted anybody in the Schools Construction Corp."

That is where billions have been unaccounted for in the state's effort to rebuild or replace outdated school buildings, mostly in poorer districts.

"Was fraud perpetrated on the taxpayer?" Adler asked.

Adler had asked Farber at the outset of the committee hearing to explain what she was doing to clean up New Jersey.

She said she was shifting 20 extra lawyers into positions to fight public corruption. And she said she had reshaped her office so that prosecutors have broader mandates.

Farber's top aide for fighting corruption, Criminal Division Director Gregory Paw, said a new approach is to bring charges that won't be downgraded when they reach court.

 
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