Category: State Government

Deliberative Privilege Off Limits in Government Contract Lawsuit

The Appellate Division’s recent decision in a breach-of-contract case involving the State of New Jersey will greatly influence the government’s ability to shield documents from the courtroom. The court determined that the deliberative process privilege did not apply to documents that were directly related to the lawsuit. Correctional Medical Services

Harris Rejected in Battle For Political Balance On New Jersey Supreme Court

For the second time in modern history, the Senate Judiciary Committee has rejected the Governor’s nominee to the New Jersey Supreme Court by a vote of 7-6 after a hearing lasting approximately five hours. New Jersey lawyer Bruce Harris would have made history as the court’s first openly gay member

In New Jersey, Justice May Not Be Denied, But It Will Be Delayed

New Jersey faces a serious shortage of trial court judges, and the growing judicial vacancy rate will soon impact how long it takes for cases to be decided. In Essex County, the shortage prompted Assignment Judge Patricia Costello to suspend complex civil litigation and all matrimonial trials for at least

Kwon’s Failure to Withdraw Makes History

Judicial nominees who withdraw their names when they know they don’t have the votes for confirmation are never remembered very long. Philip Kwon, on the other hand, has made his mark on New Jersey legal history by either becoming the first or one of very few nominees to the New

U.S. Supreme Court Grants Immunity to Part-Time Municipal Attorney

The U.S. Supreme Court recently expanded immunity from suit to private attorneys and other individuals hired by the government to carry out its work. The case, Filarsky v. Delia, will have a wide impact on cities and towns across New Jersey, particularly smaller communities that hire private New Jersey attorneys

Should New Jersey Municipalities Avoid Adopting Model Ordinances?

Think tanks, lobbyists and special interests that draft model ordinances legislation have made news recently because of N.J. Governor Chris Christies repeated denials that he may have used one of them for some of the initiatives he touts as his own.  This has some state and local elected officials questioning

Legal Questions Surround Gov. Christie’s Rutgers University Merger Plan

The proposed merger involving Rutgers University continues to draw criticism. Most recently, opponents of the plan have questioned whether Gov. Christie’s plan will survive legal scrutiny. The controversial plan calls for Rowan University to take over Rutgers’ Camden campus. In addition, Rutgers would absorb three parts of the University of

Can a New Jersey Courtroom Be Constitutionally Defective?

According to a recent decision, a New Jersey courtroom can be deemed defective on constitutional grounds. The courtroom in question, located in Warren County, came under scrutiny after a criminal defendant argued that its layout obstructed his view of the witness box and thus violated the Confrontation Clause of the