Senate President Richard J. Codey (D., Essex) plans to introduce a bill to prevent some of the state's top prosecutors from running for office for two years after they leave their positions.

The bill would impose the limits on New Jersey's attorney general, first assistant attorney general and county prosecutors. It would not impact U.S. Attorneys, such as Republican Chris Christie, who is now seeking the Republican nomination for governor and leading Gov. Corzine in public opinion polls.

Democrats have griped that some of Christie's prosecutions of prominent Democrats were politically motivated. Christie has always responded that his record, which includes no acquittals, speaks for itself.

Codey told the Star-Ledger that the bill was not aimed at Christie, but at good public policy.

"This measure would ensure that those in a position of considerable power do not abuse that power to further their political goals," Codey said in a statement.

The bill would not impact current campaigns.

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The New Jersey Department of Health and Senior Services has identified two more probable cases of swine flu as the state continued to await confirmation from the Centers of Disease Control and Prevention on five other probable cases.

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Advocates for the 31 historically poor, mostly urban school districts in New Jersey that, under a state Supreme Court mandate, have received enhanced aid for years argue their schools will be shortchanged by Gov. Corzine's new funding system. The two sides are back before the Supreme Court  to argue over Corzine's plan. At stake is $8 billion that helps pay for teachers and materials and affects property taxes in every town in New Jersey. Click here for background.

The state Supreme Court heard oral arguments today over Jersey City's one-handgun-per-month law as a prominent gun control group pledged to keep pressure on lawmakers to pass a similar law at the state level.

The Jersey City rule would limit gun buyers to one handgun purchase every 30 days, but it was thrown out by a lower court that ruled that municipalities don't have the authority to impose their own rules on gun sales. Bill Matsikoudis, an attorney for the city, argued that towns should have the right under "home rule" to enact their own gun laws. The law is supposed to be aimed at "straw" buyers who purchase guns legally and then pass them to criminals.

Arguing for gun-rights groups, Frank Pisano III said rules on gun sales should be left to the Legislature.

A plan for a statewide one-handgun-per-month law has passed the Assembly but stalled in the Senate, where three South Jersey Democrats and all 17 Republicans have voted against it, most saying they don't think the law will reduce crime and instead put unfair limits on law-abiding citizens.

The Association of New Jersey Rifle and Pistol Clubs says criminals are not buying guns through legal means anyway, and that many people buy multiple handguns at once because the waiting period of New Jersey can be so long.

Bryan Miller, executive director of Ceasefire NJ, said he still plans to push the Legislature to impose the limit statewide. To get that measure passed he would have to convince at least one Senator to change sides.

"We want the word to get out across the state who has failed to vote for this common sense measure," Miller said after the court hearings in Trenton.

Scott Bach, president of the Rifle and Pistol clubs, said he would watch the bill closely.

"We think there is a critical mass of legislators that has been reached that understand that this bill will do nothing to reduce crime and (who) want to find real solutions," Bach said.

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The American Civil Liberties Union threw a wrinkle into the New Jersey governor's race yesterday and gave some new ammunition to Republican Chris Christie's opponents.

The ACLU, through a federal lawsuit, obtained Department of Justice documents showing that Christie, as U.S. Attorney for New Jersey, authorized tracking suspects through their cell phones without obtaining a warrant.

"Big Brother is tucked away in our cell phones, and the man behind the curtain is Chris Christie," said Deborah Jacobs, executive director of the ACLU's New Jersey chapter.

The practice isn't illegal, though, and Christie told The Star-Ledger he had obtained court approval for the tracking. In 66 of the 79 instances of tracking done by the New Jersey U.S. Attorney's office, including some before and after Christie took office, the tracking by the led to criminal prosecutions, according to the Justice department.

Christie told the Ledger that the criticism was "overblown."

"Every time that technology was used, it was with court authorization," he said. "That's the standard. There was no policy in place that said to us you have to get a search warrant."

But his leading Republican opponent, Steve Lonegan, said the actions go against conservative principles of limited government and privacy rights.

And if Christie makes it to the general election against Gov. Corzine, expect the issue to come back up as well. Democrats have already been trying to tie Christie to former President Bush, and this information could easily be linked, in a campaign, to the former president's controversial wire-tapping programs. Even if Christie's answers satisfy voters, it's never good for a politician to have to explain himself on an issue this heated.

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Call it the Wayne Bryant rule.

The Election Law Enforcement Commission has explicitly barred all lawmakers and other public officials from using their campaign accounts to pay for their legal defenses. Bryant, the formerly powerful state Senator from Camden County, had asked to use his campaign fund to pay for his defense in his corruption trial and was denied. The new rule codifies that decision.

Former Senators Sharpe James and Joseph Coniglio had just gone ahead and used their campaign accounts without asking permission and were not stopped because ELEC generally doesn't take action unless there is a specific complaint filed.

The new rule, however, appears to pro-actively bar anyone else from using their campaign funds for legal defenses. ELEC ruled that corruption defenses are not an "ordinary and necessary" part of an officials' duties. Even in New Jersey.

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Sen. Robert Menendez (D., N.J.), said it's possible Congress will approve more stimulus spending next year, if the economy has not turned around by then.

"If we see the economy still challenged, then there may very well be an appetite for it," Menendez said Monday in a wide-ranging round table with Trenton reporters.

He said one lesson from past economic downturns "is that being meek, ultimately created a longer depression, being bold is what is necessary . . . There’s already a discussion right now even as the stimulus package unfolds as to whether or not we will need another stimulus package."
 

Gov. Corzine's new budget plan counts on $2.2 billion in stimulus aid, potentially leaving a deficit next year once that money runs out, but he has said it's possible the federal government will again provide help if tax revenues don't recover.

Menendez also said health care reform could start moving through Congress this summer, with a floor vote possible in September. He said that right now the plans for changes exist in only broad outlines.

"The goal will be to have a health care system that has coverage for all, creates affordability, ensures access for all and that does so in both a public and private way," Menendez said.

One idea for paying for the program would be rolling back tax cuts for couples earning $250,000 and up. Another idea - which Menendez said he opposes - would limit tax deductions for people who earn that much. Menendez said limiting deductions would create a "double whammy" on New Jerseyans, where he said a $250,000 joint income does not necessarily equate to great wealth.

Menendez said two key factors may give this health care push more of a chance than previous attempts. First, he said President Obama is including Congress more in early discussions. Second, he said there is more of a unified demand for reform from a broad swath of interests, including the public, businesses, labor groups and doctors.

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Non-partisan analysts with the Office of Legislative Services predicted Monday that cigarette tax revenue will dip next fiscal year despite a proposed tax increase. If the projection is right, it would mark the second consecutive loss of revenue following a cigarette tax hike, but the lead OLS budget analyst said the falling income is not strictly a result of rising taxes. Instead, Legislative Budget and Finance Officer David Rosen said the losses would be even greater were it not for the tax increases.

“To look simply at the gross collections on the cigarette tax and attribute behavior to one change would be inappropriate,” Rosen said at a Senate budget committee hearing. He later added, "The proposed cigarette tax will, in fact, result in more money coming in than if we didn’t do it."

Cigarette tax revenue fell in New Jersey - and Pennsylvania - last time each state raised the tax, but Rosen said that in New Jersey, at least, other factors were at play. The state banned indoor smoking around the same time and there is a natural decrease in smoking every year regardless of tax policy, he said.

Critics, however, have said raising the tax is counter-productive. They contend that higher taxes drive smokers to buy cigarettes in lower-cost states or online, and New Jersey is left with less money.

OLS projects that a 12.5 cent-per-pack cigarette tax increase will leave the state with about $7 million less in revenue. The Corzine administration is projecting a $20 million revenue increase, but even the state treasurer sounded unsure of what exactly would happen because of the recent 62 cent-per-pack federal tax hike.

"Clearly we're going to be uncharted territory now with the federal tax going up as it is," Treasurer David Rousseau said. 

Sen. Shirley Turner (D., Mercer), said in Central Jersey she sees many residents going to Pennsylvania to by cigarettes and alcohol and worried about the impact on her district and in South Jersey.

Rosen said South Jersey, with its proximity to Pennsylvania and Delaware, would likely see a bigger impact.

“In a place like Mercer County, there is the ability, the fairly easy ability, for consumers to make purchases across the river if there is a significant price differential,” Rosen said. “In the past, when we have raised cigarette prices, the shops just across the river get more business, there’s no question about that. Other parts of the state, that’s more difficult and less economically attractive to people.”

Senate Majority Leader Stephen Sweeney (D., Gloucester), worried about convenience store owners in his South Jersey district losing business to Delaware, where the tax is far lower.

Rousseau said his staff would prepare an analysis that shows how past cigarette tax revenues have compared with the predicted benefits.

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If the Corzine administration’s budget forecast for the next fiscal year are bleak, projections by the non-partisan Office of Legislative Services are downright dismal.

Legislative Budget and Finance Officer David Rosen, testifying before the Senate Budget and Appropriations Committee Monday morning, said the state is in the “most significant revenue downturn in its modern history.” In dollars and cents, OLS estimates revenues for the fiscal year that begins July 1, 2009 will be down 11 percent from the current fiscal year. To put that in perspective, the state has only dealt with declining revenues from one year to the next twice int he past four decades, in 1975 and in 2002, Rosen said.

The good and bad news is that New Jersey is not alone. At least 35 states project declining revenues in the current fiscal year and 43 states report budget gaps, Rosen said.

State treasurer David Rousseau is scheduled to give a revenue update Monday afternoon.

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