The Law Office of

David Perry Davis

COUNSELLOR AT LAW

31 Jefferson Plaza

Princeton, NJ 08540-9541

(609) 279-0141

Fax: (732) 274-2050

E-mail: DPD@dpdlaw.com

��������������������������������������

 

April 15, 2005

 

Peter C. Harvey, Esq.

Attorney General for the State of New Jersey

Hughes Justice Complex

25 West Market Street / PO Box 112

Trenton NJ 08625

 

Dear Mr. Harvey:

 

I am writing in reference to a matter that should be addressed by your office under New Jersey Civil Rights Act of 2004.

 

Enclosed please find a page from the AOC "form order" for Division of Youth and Family Services matters.� Please note that it requires defendants to "attend AA/NA meetings."� I also understand that probationers and parolees are regularly being ordered (at least in Mercer County) to attend NA/AA meetings by their probation / parole officers as well as by certain judges.

 

It is absolutely unconstitutional for a Court to order a party to attend a twelve step group as these organizations are religious in nature.^[1]

The heart of the First Amendment is that the government may not coerce anyone to believe in God.� To this end, a state actor cannot compel anyone to attend an organization that promotes a belief in God.� The United States Supreme Court has declared that the First Amendment requires a wall of separation between church and state, and has strictly enforced this holding in a variety of contexts.� See, e.g.,

Board of Education of Kiryas Joel Village School District v. Grumet, 113 S.Ct. 2462 (1994) (" ... government should not prefer one religion to another, or religion to irreligion."), Lee v. Weisman, 505 U.S. 577 (1992) (High School graduation prayers unconstitutional).� New Jersey has been no less protective of this right than the federal courts.� See, e.g., Ran‑dav's County Kosher, Inc. v. State, 129 N.J. 141 (1992), State v. Richardson, 130 N.J. Super. 63 (Law.Div. 1974).

 

Courts that have addressed the constitutionality of compelling attendance at A.A. / N.A. meetings have uniformly held that such compelled attendance is violative of the First Amendment.� See Warner v. Orange County Dep't of Probation, 115 F.3d 1068 (2d Cir.1996),� Kerr v. Farrey, 95 F.3d 472, 479‑480 (7th Cir.1996), In re Garcia, 24 P.3d 1091, 106 Wash.App. 625, 630 (2001), Arnold v. Tennessee Bd. of Paroles, 956 S.W.2d 478, 484 (Tenn.1997), Griffin v. Coughlin 88 N.Y.2d 674, 691‑692, 649 N.Y.S.2d 903 (1996).

 

Many Courts order litigants to "receive treatment and/or counselling for alcoholism (/ addiction) by attendance at a support group such as A.A. (/N.A.)." So long as the litigant is given a choice, the First Amendment is not violated.� Kerr v. Farrey, 95 F.3d 472, 479‑480 (7th Cir.1996), Griffin v. Coughlin 88 N.Y.2d 674, 691‑692, 649 N.Y.S.2d 903 (1996), O'Connor v. State of California, 855 F.Supp. 303, 308 (C.D.Cal.1994).

 

As a result of the orders that have issued in the above-referenced DYFS and criminal / delinquency matters mandating attendance at AA/NA meeetings, New Jersey citizen's civil rights have been violated and, unless action is taken, their rights will continue to be violated.�

 

Please advise whether your office will address this issue.� If I do not hear back within 30 days, I will assume you do not intend to act and will pursue a civil rights action pursuant to 42 U.S.C. �1983 and/or the New Jersey Civil Rights Act of 2004.

 

Respectfully,

 

�file copy

 

David Perry Davis, Esq.

 

Cc:� Patrick DeAlmeida, Esq., DAG

���� New Jersey American Civil Liberties Union

���� Hon. F. Lee Forrester, JSC (Mercer)