No Impeachment for Verniero

State Supreme Court Justice Peter G. Verniero will not be impeached over allegations he misled lawmakers about the extent of racial profiling among state police. Assembly Speaker Jack Collins refused to post a bill on impeachment, and said Thursday that a criminal conviction would offer the same result: removing Verniero from the bench.

"I`ve considered it, thought for a while about it and feel the same result could come about in a different form," said Collins, R-Salem. "We will not be moving forward on this. It`s up to the Senate."

Robert Mintz, Verniero`s attorney, did not immediately return a call for comment Thursday. The Senate`s options include asking the Mercer County prosecutor to indict Verniero on perjury charges, Collins said. State courts also have the ability to discipline judges and attorneys, he said.

Meanwhile, Acting Gov. Donald T. DiFrancesco said Thursday he plans to ask the Senate to censure Verniero.

At issue is whether Verniero as attorney general under Republican Gov. Christie Whitman failed to acknowledge the extent of racial profiling among the state police.

The Senate Judiciary Committee`s hearings on the practice have focused on Verniero`s testimony and the extent of what he knew about racial profiling.

The committee has asked Verniero to resign, as has DiFrancesco. Both cited their belief Verniero misled senators about racial profiling during his May 1999 confirmation hearing to become the youngest member ever appointed to the state`s highest court.

On Thursday, Assembly Democrats denounced Collins` decision. Senate Republicans had no immediate comment and were reviewing Collins` statement, a spokeswoman said.

An aide for the Senate Judiciary Committee said its members planned to make a statement Thursday afternoon. The committee`s 11 members last month forwarded to Collins six reasons Verniero should be impeached.

As with Congress, in New Jersey the lower house, which is the Assembly, must initiate and approve impeachment. It would amount to an indictment for trial to be conducted in the state Senate.

Collins, who announced last week he will retire, joined others who said Verniero should resign.

"I believe the justice should do that to preserve the reputation of the New Jersey Supreme Court," said Collins, adding that public opinion played no role in his decision.

"I`ve spent all my time. I`ve made my decisions. I`m comfortable with my decisions," Collins said.

REACTIONS Acting Gov. Donald T. DiFrancesco said Thursday he will ask the Senate to censure Supreme Court Justice Peter G. Verniero.

The acting governor`s statement came in response to Assembly Speaker Jack Collins` decision not to begin impeachment proceedings against Verniero over allegations he misled lawmakers about racial profiling by state police. Collins said he would refer the issue back to the Senate and to the state Supreme Court for possible disciplinary hearings.

Since the Senate Judiciary Committee had already recommended to the Assembly that Verniero be impeached, "it is appropriate that they now assume the responsibility of determining what additional actions, if any, to take," DiFrancesco said Thursday.

Assembly Democratic leader Joseph V. Doria said Collins was wrong not to authorize impeachment proceedings.

"For the sake of the state`s minority community, the legislative appointment process and the integrity of the state Supreme Court, every member of the Assembly deserved an opportunity to weigh in on the Verniero matter," Doria, D-Hudson, said.

Nicole Ouellette, a spokeswoman for the Senate Republicans, said members were still reviewing Collins` decision. She had no immediate comment.

Robert Mintz, Verniero`s lawyer, said the former attorney general will continue in his work on the state Supreme Court "with diligence, fairness and integrity."

In a statement, Mintz said Verniero`s testimony before the Senate Judiciary Committee "was always truthful, candid and complete. There is no basis whatsoever in fact or in law to support the claim that he misled anyone at anytime."

The Rev. Reginald Jackson, executive director of the Black Ministers Council of New Jersey, did not immediately return a call seeking comment.

(Copyright 2001 by The Associated Press. All Rights Reserved.)

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Author: 6 ABC - Action News (AP)