Councilwoman, school board member accused of assaulting cop sue for legal fees
A Penns Grove, N.J., councilwoman and a regional school board member indicted last month for allegedly assaulting a police officer are suing the borough to cover their legal fees.
A Penns Grove, N.J., councilwoman and a regional school board member indicted last month for allegedly assaulting a police officer are suing the borough to cover their legal fees.
Councilwoman Jeanette Jackson, 41, and board of education member Walter Hudson, 33, claim Penns Grove is flouting an ordinance stating the borough will pay to defend public employees in civil and criminal cases, according to the lawsuit filed Friday in Salem County Superior Court.
The ordinance states Penns Grove will cover the costs of employees' defenses, provided the proceedings in which they are implicated stem from actions undertaken "in the good faith performance of their duties and responsibilities."
Jackson and Hudson contend they were both acting in their official capacities July 10, when they attended a community youth basketball game at Penns Grove Middle School, according to the civil complaint filed on their behalf by attorney Conrad J. Benedetto, of Cherry Hill.
Jackson is a member of the borough recreation committee, which runs the basketball league, and Hudson serves on the Penns Grove–Carneys Point Regional Board of Education.
At the game's end, Jackson and Hudson allegedly physically obstructed and assaulted a uniformed borough police officer dispatched to investigate a report of underage drinking inside the school, prosecutors said last month.
A grand jury on Oct. 15 returned charges of aggravated assault on a police officer and obstructing administration of law against both Jackson and Hudson. Hudson is also charged with resisting arrest by using physical force or violence.
In the lawsuit, Jackson and Hudson claim Penns Grove has refused to provide them with a means to defend themselves against the charges and will not commit to reimbursing them for legal fees.
"I will always be committed to the community, the school board and the borough," Hudson said in a statement. "However, the borough has shown they are not committed to me."
Though both officials have retained criminal defense attorneys, neither of them has the financial means to pay the attorney's fees, the lawsuit claims.
The Penns Grove Borough Council in July voted to deny a request from Jackson to pay her legal costs, but retained the option of reviewing the matter further, according to a report from The South Jersey Times.
During that meeting, council members also reportedly declined to pay the costs of defending Penns Grove Mayor John Washington against charges of aggravated assault and obstruction stemming from the same July 10 incident.
The Atlantic County Prosecutor's Office, after assuming responsibility for the criminal case from Salem County by order of the state Attorney General's Office, last month declined to prosecute the charges against Washington, citing insufficient evidence.
The borough council again discussed the matter of paying Jackson's legal fees during a meeting Oct. 22, The South Jersey Times reported, but members decided to table the issue until this Wednesday, pending further research.
Jackson's criminal defense attorney, Matthew V. Portella, of Haddonfield, said in a statement that his client is innocent. "She didn't break the law, and should not have been charged with any crimes," he said.
The lawsuit, which alleges breach of contract and bad faith, is seeking to compel Penns Grove to pay Jackson and Hudson's criminal defense fees, as well as the costs associated with filing the suit, itself.