In Borough of Franklin v. Smith, the New Jersey Appellate Division ruled that a township may subpoena a police officer and compel him to testify in the municipality’s case-in-chief in that officer’s own disciplinary proceeding. Here, the officer had a positive random drug screen and was thus put into a disciplinary process. He was subpoenaed by the township and called as the township’s first witness in the disciplinary case. His attorney objected. The Appellate Division held there was no basis for that objection.
