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 THE OTHER ISSUES
Originally appeared in the Star Ledger on 11/02/01
:Searching for support for their gubernatorial bids, Democrat Jim McGreevey and Republican Bret Schundler have traveled from High Point to Cape May, from Spring Lake to Camden, discussing their positions on major issues -- education, car insurance, taxes, sprawl. But there are a number of topics that did not generate much discussion on the campaign trail. Still, those planning to vote Tuesday for a governor are interested in those other issues and want some answers. Here are a few of them.
Judicial appointments and public records
Q. The governor gets to appoint all Superior Court judges and prosecutors in New Jersey. What are your criteria? And would you ask the New Jersey State Bar Association to review each nominee's qualifications and be guided by that?
Schundler: I want to appoint county prosecutors who have both law enforcement and criminal law experience. I would also prefer that my county prosecutors have management experience. Being a county prosecutor is more than just being a good courtroom attorney who wants "to get tough on crime." A county prosecutor has to be the leader and manager of the local police departments within his county, someone who can manage complex criminal investigations and someone who can expedite heavy caseloads and secure criminal convictions in a timely manner.
I also want to appoint prosecutors who are interested in using technology to fight crime. For example, I have proposed an anti-crime program called Project BLUEPrint, which will provide county prosecutors with computer technology to help them uncover crime patterns within their jurisdictions. Mayor Rudy Giuliani, who has endorsed my candidacy, has successfully used similar computer technology to make New York City one of the safest big cities in America.
With respect to judicial appointments, I want to appoint judges who are intelligent, fair and have a well-rounded understanding of commercial, civil and criminal law in New Jersey. I also want my appointments to reflect the diversity of New Jersey. Unlike my opponent, I will not place any ideological litmus tests on my judicial nominees.
Yes, I would ask the State Bar Association to review the qualifications of my judicial nominees, provided that its review focused on the experience and intellect of my nominees as opposed to their personal ideology or political views.
McGreevey: I will carefully exercise the responsibility to select qualified judicial candidates. I will select men and women who have the character, dedication and experience to enhance the quality of the state's judiciary and the public's respect for the law.
In so doing, I will welcome the unique role of the State Bar as well as seek input from others familiar with potential nominees. Beginning with Gov. Hughes until the interruption in the Whitman administration, the State Bar Association has played an important role in assisting the state's governors in selecting qualified judicial nominees. I will restore that role.
Q. The Englewood-Tenafly case before the New Jersey Supreme Court asks the justices to consider regionalization of schools to improve racial balance. Do you think regionalization in such cases is a good idea?
Schundler: I would oppose any effort to impose forced regionalization on local schools or towns, regardless of how noble the purpose. Forcing two or more communities to merge their services together is wrong, undemocratic and likely to polarize communities, pit homeowners and parents against one another and lead to very divisive rhetoric and protracted litigation.
Parents in Englewood want good schools that are racially integrated. Rather than try to achieve this goal by court-ordered regionalization of Englewood, Englewood Cliffs and Tenafly, why not try to achieve this goal by improving Englewood's school system by creating innovative magnet programs or charter schools that attract students from outside the district to attend Englewood's public schools?
The state Department of Education and the boards of education of Englewood, Englewood Cliffs and Tenafly have been involved in over 15 years of costly litigation. It is time that the Department of Education took a leadership role in devising a strategy that puts aggressive voluntary desegregation methods in place to help integrate Englewood's schools and end this protracted legal struggle. The parents of these three communities need leadership from the state. I will appoint a commissioner of education who will make resolution of this dispute a priority.
McGreevey: The education commissioner has the legal responsibility to ameliorate racial segregation in public schools. Although there are successful examples of regionalization in which consensus was achieved among the parties to create a positive situation for all involved, I would prefer not to impose such action upon districts.
I prefer to work with the parties involved to craft a collaborative solution. I understand that local officials in Englewood are currently exploring a partnership with Bergen County to establish a county magnet high school program in Englewood that would improve racial balance.
That is one possible alternative to forced regionalization worthy of consideration.
Q. New Jersey's public records law is one of the weakest in the nation. Pending legislation would change the presumption that everything not specifically mentioned by law is off limits to one that records are open to the public unless specifically exempted by law or regulation. And it would protect sensitive records, such as investigative documents and the identities of witnesses and crime victims. Do you support this legislation? Would you work for its passage?
Schundler: The New Jersey Legislature has been debating a series of amendments that would expand the public's access to government records for the better part of two years. It is time that we move forward with the reforms that have made it through the legislative process thus far so that the public will have improved access to government records immediately.
No legislation is perfect, and it may indeed be possible to pass additional amendments that will give citizens even greater access to government records. However, we should not delay action today in the hope that better legislation will be enacted at some undefined time in the future. The public needs better access to government records now!
In addition to passing legislation, as governor I would modernize how New Jersey government agencies store their records so that they could be reviewed with greater ease. For example, by storing documents electronically, state and local government agencies would be able to give private citizens access to public records via the Internet. Parents should be able to access the standardized test scores, attendance, graduation rates and property tax costs of neighborhood schools and compare that information to other schools and other school districts.
In a democracy such as ours, citizens need access to information to hold their elected officials accountable. Therefore, if elected governor, I will invest in technology to ensure that the public has convenient access to government records.
McGreevey: I strongly support the passage of a new, comprehensive public records law. For New Jersey to bring the highest level of accountability to Trenton, we must shine the light of disclosure down every corridor of our government. Our citizens must have access to information in a manner that preserves the privacy of individuals and the integrity of ongoing law enforcement activities.
The open public records bill currently in the Legislature achieves this objective. As governor, I will sign a stronger public records law to provide New Jersey with the openness and transparency that we deserve.
Tomorrow: The arts
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