er SOMERSET COUNTY PROSECUTOR'S OFFICE 40 NORTH BRIDGE STREET P. 0. BOX 3000 SOMERVILLE, NEW JERSEY 08876-1262 GEOFFREY D. SORIANO ee PROSECUTOR 908-575-3300 104-0750 ‘WWW.SCPONET ‘August 5, 2011 Mr. Matthew C. Dorsi, Esq. Manville Municipal Court 325 North Main Street Manville, New Jersey 08835 Re: Improper Downgrading Dear Municipal Prosecutor Dorsi: It has come to the attention of the Somerset County Prosecutor's Office that in your capacity as Municipal Prosecutor in Manville Borough, you have been improperly downgrading statutory charges to violations of Municipal Ordinances. The charges you improperly downgraded include Simple Assault, Defiant Trespass, Shoplifting, Disorderly Persons Offense of Possession of a Controlled Dangerous Substance, and the Petty Disorderly Persons Offense of Disorderly Conduct. In each of those instances, the statutes charged were amended to a violation of Borough Ordinance #396. See, State v. Heather Kamarinopoulos (Complaint Warrant #1811-W-2010- 000269); State v. Stephen J. Maikisch, III (Complaint Summons #181 1-S-2010-000343); State v. Valerie Muschichin (Complaint Warrant #1811-W-2011-000151); State v. Dylan J. Painter (Complaint Summons #1811-S-2011-000090); State v. Nicole L. Brown (Complaint Summons #1811-S-2011-000057), and ite_v. Janusz Praszek (Complaint Summons #1811-S-2010- 000358). Somerset County Is An Equal Opportaity Employer'As you are aware, this office has previously sent a letter to all Municipal Prosecutors in 2010 indicating that Municipal Prosecutors shall not downgrade Disorderly Persons and Petty Disorderly Persons 2C charges to Municipal Ordinance violations where there has been preemption by state statute. A copy of the New Jersey Attorney General Directive dated November 18, 1998, entitled Plea Agreements in Municipal Courts, as well as, a copy of the Appellate Division opinion in State (Township of West Orange) v. Carl A. Paserchia (App. Div. 2003) are attached for your review. Please be advised that continued disregard of the Attorney General Directive and cas law may result in the filing of a Ethical Complaint and/or Supercession by this office. This issue will also be raised once again with all Municipal Prosecutors at the next Municipal Prosecutor’s meeting with this office. Your compliance with the directive and case law is expected and imperative. Very truly yours, GEOFFREY D. SORIANO PROSECUTOR First Assistant Prosecutor TICIjb Enclosure: ce: w/o Enel. Mr. John Paff, Chairman- New Jersey Libertarian Party