"What are they to make of us, these souls fresh from God?", Victor Hugo

Open letter to all Prosecutors in New Jersey

Dear Sirs/Madams:

It is with great sadness that I must write of one of the Victims of Crime Compensation Office’s (“VCCO”) new policies – excluding children who are victims of molestation. Some of you are already aware of this horrendous policy initiated under the direction of Attorney General Anne Milgram, but to those of you who are not, the new leadership of the VCCO will not find Endangering the Welfare of a Child (NJSA Section 2C:24-3) an eligible crime for compensation. In many cases of child abuse, this is the formal charge against the defendants.

Legally, there is no excuse for this. Under NJSA 52:4B-11(10), the VCCO may order compensation for personal injury for any crime of violence. Beyond this, under Administrative Code section 13:75-1.2, all rules governing the VCCO shall be liberally construed to permit the VCCO to secure equitable determinations in all matters before the agency. The VCCO’s large measure of discretion has been recognized by the Supreme Court of the State of New Jersey in White v. VCCB,76 N.J. 368, A. 2d 206, 1978. When I was relieved of my responsibilities as Director on July 16, 2008, the VCCO was not only on stable financial ground, it had a $4,000,000 surplus. The new leadership of the VCCO has decided to disregard statutory obligation, administrative code direction, and State Supreme Court precedent in order to deny coverage for these children. In plain English, the VCCO has the authority and the means to provide medical care and mental health counseling to these children, but it has chosen to deny them.

The legal argument for mental health counseling and medical care to abused children - though compelling - is nothing compared to the equitable argument. Only a cold-hearted bureaucrat would consider denying this sort of assistance to a child in need, but that is the new VCCO under the direction of Attorney General Anne Milgram. The VCCO is supposed to provide needed care to innocent victims of violent crimes. These children, their fragile bodies disfigured and scarred, their souls fresh from God tormented and anguished, should never be forsaken as an excuse to save money (the VCCO does not use tax dollars to pay claims, it is funded primarily by criminal defendants' fees) or to cover the asses of spineless bureaucrats. These abused children are some of the most innocent victims of some of the most violent crimes in our State.

I am aware that a prosecutor’s job is often a thankless one, and it should not be unnecessarily burdened by the heartlessness of the bureaucrats currently in charge of the VCCO. But on behalf of these children I must respectfully ask that until sanity is restored to the VCCO, please remember to charge all defendants with crimes the VCCO will cover and do not charge them only with Endangering the Welfare of a Child (NJSA section 2C:24-3).

Respectfully submitted,

Edward G. Werner