JERSEY CITY—The Jersey City Council questioned two resolutions Monday that would hire outside counsel at a rate of $225 an hour to defend police officers involved in the 2023 fatal shooting of Andrew Washington. Corporation Counsel Sarah Levine defended the $65,000-per-officer contracts during a tense caucus session. The meeting occurred one day before the full governing body is scheduled to vote on the measures.

Council Members Challenge Cost and Necessity

Ward D Councilperson Jake Ephros pressed Levine on the consequences of rejecting the contracts. "I just want to understand the consequences of a no vote or abstention," Ephros said. Levine responded that the city maintains a legal obligation to obtain representation for employees sued for conduct in their official capacity.

She noted the city cannot represent the officers directly due to potential conflicts of interest. "In this case, there are two separate officers with whom the city has a legal conflict," Levine stated, explaining the city's legal position could diverge from the officers' interests. The officers are "separately situated from each other," necessitating distinct counsel.

Ward E Councilwoman Elena Little asked whether refusing to hire counsel would amount to gifting the officers money. Levine explained the officers could recoup legal costs if the city denied them representation, essentially gifting them money they could recover through litigation.

Ward C Councilman Tom Zuppa objected to the rate structure. "In my experience, these attorneys are going to piggyback off everything the city does as lead counsel," Zuppa said. He suggested the $225 hourly rate should be brought down.

Legal Obligations vs. Fiscal Concerns

Levine countered that the rate represents a negotiated reduction from initial requests. "This hourly rate and this number of hours is what is necessary for this contract," she said. Retaining counsel proved difficult given the case's profile.

Ward F Councilperson Frank Gilmore questioned liability limits. "Are we still on the hook for representation?" Gilmore asked, referring to earlier scenarios where an officer committed an infraction. Levine confirmed the obligation persists regardless of the officer's actions.

She characterized termination scenarios as very specific circumstances rarely seen in practice. Zuppa, a former assistant Hudson County prosecutor, noted outside attorneys typically charge higher rates than municipal staff counsel. He questioned whether the fees reflected market rates for police defense work.

Background: The Washington Case

Andrew Washington died August 27, 2023, after his family called for help during a mental health crisis. Police say Washington approached then-Officer Stephen Gigante and his partner Felix De Jesus with a knife, leading Gigante to fatally shoot Washington.

Courtnie Washington filed a wrongful death lawsuit approximately one year later. A state grand jury declined to bring criminal charges against the officers in April 2025. The determination came after a months-long investigation by state authorities.

The case has drawn national scrutiny to Jersey City's police practices. It remains pending in federal court. The city seeks to retain O'Toole Scrivo, LLC of Cedar Grove to represent Gigante. Port Authority Chair Kevin O'Toole serves as managing partner of the firm. DeJesus would receive representation from Philadelphia-based Bennett, Bricklin & Saltzburg, LLC.

Each contract specifies the $225 hourly rate and sets a $65,000 cap. The combined potential expenditure totals $130,000 if both contracts reach their maximums. The council is scheduled to convene Wednesday at City Hall for a regular public session. The resolutions may face a vote at that meeting.

The Wednesday meeting will stream live on Microsoft Teams. Levine emphasized that the governing body retains discretion over the contracts despite the state's mandate to provide counsel. She characterized the legal questions surrounding municipal liability as "very thorny" with "no clear lines." Washington's family continues to pursue damages through their pending federal litigation.