The Attorney General has broad authority over criminal justice matters, including “the general supervision of criminal justice,” N.J.S.A. 52:17B-98, and the power to “adopt rules and regulations for the efficient conduct of the work and general administration of the Department, its officers and employees,” N.J.S.A. 52:17B-4(d). Over the years, multiple Attorneys General have exercised that power to establish policies for the internal affairs review process through the issuance of Internal Affairs Policy and Procedures manuals (IAPPs). The first IAPP, in 1991, established a comprehensive set of procedures to address allegations of officer misconduct. Five years later, the Legislature directed every law enforcement agency in the State to adopt guidelines consistent with the IAPP. N.J.S.A. 40A:14-181. Since 1991, each iteration of the IAPP has provided that the progress of investigations and contents of case files were confidential but could be released in limited circumstances.
The Court’s decision leaves many open questions concerning the Directives. One such question is who will be responsible for drafting the summary of the disclosed conduct underlying the major discipline. Another is what details are required to be revealed in the summary.