Exhibit E - David Perry Davis

RE Support related license suspensions.txt
Date: Fri, 23 Jan 201516:59:22 -0400
To: Brenda Beacham <[email protected]>
From: "David Perry Davis, Esq." <[email protected]>
Subject: RE: Support related license suspensions
Cc: Joanne Dietrich <[email protected]>, Liz Domingo
<Liz. Dom [email protected]>, Scott Welfel <[email protected]>
Dear Ms. Beacham:
Thanks for getting back to me on the issue of the automatic suspension of driver's licenses
upon the issuance of a support-related warrant. The warrants at issue are "bring to court"
warrants. Their purpose, pursuant to Directive #15-08 "is to bring the obligor before the court on
an expedited basis in the event of alleged non-compliance" with a support obligation. The system
as it now operates, issues a warrant requiring an obligor's expedited physical appearance and, at
the same time, by operation of law, suspends the person's ability to appear by revoking their
license.
I've attached a document ("New Jersey Judiciary Report to the Legislature on the Suspension
of Licenses Due to Child Support Arrears State Fiscal Year 2006"). Is.it possible t08.§.!§.rmJQ§,,:,:,
who wrote this, and what data was used to support its conclusions? ;§R~¢j@'~!IY;i;1n§>B_ephrVlbU
,5ii1fii~i!t~E!i!~if~!~i!~liiiiii
I'm cc'ing this email to Scott Welfel onhe'New'j'ersey"lnstitute for Social Justice, who may be
co-counsel on litigation regarding this issue. Please Cc your response as well.
Thanks,
Please confirm
that you received this email and referenced
attachments
(if any}.
- Dave
David Perry Davis, Esq.
www.FamilyLawNJ.pro
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax:
609-737·3222
At 02:47 PM 1/21/2015, Brenda Beacham wrote:
Dear Mr. Davis,
This is to acknowledge receipt of your correspondence. We will research your questions and
respond back to you shortly.
From: David Perry Davis, Esq. [mailto:[email protected]]
Sent: Tuesday, January 13, 20157:04 PM
To: Brenda Beacham; Joanne Dietrich
Subject: Support related license suspensions / changing the law
Printed for "David Perry Davis, Esq." <[email protected]>
KAVADAS MER-L-I004-15
000001
1
. .,:ff.f!f:New
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ROBER'I'W.
Jersey Courts
AdtriinlstrativeUffice of th~Courts
!lIdllpende'oi;e 'Irit~(!ty 'fajrneSS'QliaUty~rvlCi!
GLENNA. GRANT., I.A.P.
SMITH
Director
Office. of Tri:il Court Senr1ccSc
Acting Adi:riinisttativ¢ Pitcetoi:9f .tbe Courts
wWw.rijcouits.com
e
JOANNE t\'i.DI~TRlCH
Assistai,lI.Dlredot
FanillyPracrice Division
Phone: .609-'984"4228, Fax; 6:O9~984-()061
F~bru~1Y27, 2015
'David PerryOavis, Esq.
112We.st Fr~nklirlAvenue
Pennington, NJ 08534
Re:
Support Relaied License Suspensions
p~ar Mr. Qavis;
ThiswHlacknowledge
receiptof your January 13; 2015 andJantJ~ry '23j2015
emails concerning child supportmallers. :With regard to.your questions regarding (a)
federal funding; (Q) cJ~tpand (p) the practices of other states, those questions wouldbe
pest anS1gerecl15Yth:~.New Jer~eY Divis.ion.ofFami\y Dt:)"elopmel'lt(OFD) in the
Departmentofl4wnail. Services; which. as Y9l;l~now, 1$New Jersey's the~esi9nated
TiUe IV~Dagericy. Wfth.tegard to YOllrcornltlemts<concethihgpossiblestatutoty
amendments, any such chang.egto lhelaWWouldbe Withih the purview of the
~egislatl;lre ramer thantqe,JJJPlciary.
You inquitedas' to.the source oftheaocurnel'lt
entitled "New Jersey Jyd/c'iary
Due to Child SupportArrears
Fhspal Year2006"; that report Was .authoredby the Judiciary; While the reportit§eJfj~,
Rep,orito the Le,gislature on the SUspensJonofLicensas
e:~~=!;~;~f~~~;=~=l~i~=~=
Very frul:y
yours.
,~,
~-""-.'
C:f
,
..~..·.· ·..
~~~
"Joe ...'. M. DIetrich
Asst Director, Family Practice Di\iisfon
. ,c:$teven
O. Bonvillei Chief6f Staff
Robert W.Srnith, Dlreotcr, Trial GOllrtServices
g:ljz;~beth Domingo,.Assistant
Direcfbr,PropationSeNideS
Brendel BeClphel/TI, Chief, Probation S.ervices
Guq5ree.t SitIgh,SpeQia/-Assistaht
RicnlltdJ. Hughes·justiooConlplex·
P:.b.Box983·Trenton,
KAVADAS MER-L-I004-15
000002
New Jersey O!lS25.0983
OPRA W95220.txt
From: Katherine Howard <[email protected]>
To: "[email protected]" <[email protected]>
CC: John Zajac <[email protected]>
Subject: OPRA W95220
Date: Thu, 19 Mar 2015 20:53:58 +0000
Mr. Davis:
Please accept the following response from the Division of Family Development (DFD) regarding
your Open Public Records Act (OPRA) request W95220, as follows:
~~i~~K:i~~~~Y~~E~~~c'~!i~~ii8f:g~~~~;~;~~~~~.~~:~t:6~~ffff~S~iY~m~§~<9ttDg:,grj,yer.JiCen§eW
t;j'Brn"S:rRes'PoiisEr:",;D'F5d~.~,:nQt:R9~~.~~,~'!h,~:~t~J:iLJest¥d:aotGmerits'~'jZ;
(2) To your knowledge, does any other state aside from New Jersey provide for the automatic ("by
operation of law") suspension of driver's licenses upon the issuance of a support-related warrant?
DFD's Response: This portion of your OPRA request does not identify a government record.
Accordingly, this portion of your request is denied. See MAG Entertainment, LLC v. Division of
Alcoholic Beverage Control, 375 N.J. Super. 534, 549 (App. Div. 2005)("Under OPRA, agencies
are required to disclose only "identifiable" governmental records not otherwise exempt.")
(3) Documents demonstrating how many licenses have been suspended annually by orders from
the Family Part? (Either directly or via the NJKIDS system).
(3a) Please provide data as far
back as you can reasonably access it. I am interested in seeing the jum p in 1997-1998 when the
"automatic suspension" provision was added into N.J.SA 2A:17-56.41. (3b) If broken down this
way, how many of these suspensions were automatic as a result of the issuance of a warrant,
and how many suspended after a hearing where the factors were weighed and it was specifically
determined that a license suspension would have a coercive effect over and above the entry of an
arrest warrant?
.
Response: The following NJKiDS data.&~J;;Qfiy.§t,[$l:!j~~,q~$.$};;Ytt,~tl?iSLJsperlded:,~§.!~~:L~§yll!2f
&%fcibEfnch'WarraQ:ti'i[~1 professional licenses were suspended as a result of a hearing.
I?~!?'s
Year
Year
Year
Year
Year
2010
2011
2012
2013
2014
Driver's Licenses
12,055
14,412
12,864
15,012
14,223
Professional Licenses
I
5
/
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Printed for "David Perry Davis, Esq." <[email protected]>
1
KAVADAS MER-L-I004-15
000003
A