New Jersey Supreme Court

GOVERNOR CORZINE NAMES REMAINING MEMBERS OF
JUDICIAL ADVISORY PANEL

TRENTON - Governor Jon S. Corzine today named the remaining members of the Judicial Advisory Panel charged with assisting the governor evaluate candidates for the New Jersey Superior Court.

GREGG ASKS CORZINE TO RE-CONSIDER DECISION
NOT TO ALLOW BEAR HUNT
Cites public safety as the primary concern

In response to a report that Governor Jon Corzine will seek to block this year's black bear hunt, Assemblyman Guy Gregg said today he would like to know why the governor isn't concerned with the protection and safety of residents living in the northwestern part of the state.

"Clearly this is a public safety issue," said Gregg, R-Sussex, Morris and Hunterdon, who noted that this past summer state wildlife authorities reported an increase in the number of black bears that act aggressively, destroy property and kill domestic animals. Advocates of the hunt, say it is necessary to curb the black bear population.

DOHERTY SAYS SUPREME COURT ONCE AGAIN STEPS OVER THE LINE IN LEGISLATING FROM THE BENCH

McHOSE TO PURSUE LEGISLATION THAT
PROTECTS THE SANCTITY OF MARRIAGE

GREGG: CALLS FOR IMMEDIATE VOTE OF LEGISLATURE ON CONSTITUTIONAL AMENDMENT TO BAN GAY MARRIAGE

Assemblyman Guy Gregg, who is the sponsor of a constitutional amendment that would define marriage as being only between a man and a woman, issued the following statement today in response to the New Jersey Supreme Court's ruling regarding gay marriage in New Jersey:

DeCROCE STATEMENT ON TODAY'S NEW JERSEY SUPREME COURT GAY MARRIAGE RULING

Assembly Democrats tell PoliticsNJ.com that there are no plans to honor retiring New Jersey Supreme Court Chief Justice Deborah Poritz with a resolution at the next voting session of the General Assembly in December. But one Republican legislator, Richard Merkt of Morris County, says that he would vote against such a resolution if the Speaker decides to offer it for a vote.

From Merkt: "A simple 'No!', however loudly uttered, does not begin to express adequately my sentiments concerning the lasting harm the outgoing Chief Justice of the New Jersey Supreme Court has done to the state constitution and the people of New Jersey during her tenure in office. Poritz and other of her colleagues have stripped the people of their right to control the growth of state debt. As a direct result of their disregard of the clear intent of Article VIII, state debt has grown from about $4 billion 15 years ago to roughly $32 billion today, with a further $10 billion (at least) on the horizon. Aside from "construing" away key rights reserved by the people under the state constitution, she has displayed utter contempt for the principle of separation of powers and a shameful inability to locate Articles III and IV of the state constitution, respecting same."

"She and other of her colleagues have repeatedly invaded and usurped the constitutional powers of the people's elected representatives, substituting their own personal notions of what the law should be for laws duly enacted by the Legislature and governor. Poritz and her court have made an absolute mockery of representative democracy in New Jersey and pushed the Garden State every closer to a 'juristarchy,' in which unelected judges decide public policies, rather than the people's elected representatives."

"She and her colleagues effectively have invited interest groups of every stripe and flavor routinely to circumvent the democratic legislative process by the simple tactic of filing a lawsuit, which then has allowed the New Jersey Supreme Court to impose its personal predilections as the last word on every public policy from school funding, to land use, to election rules, to same-sex marriage."

"Quite simply, she has been flat out the worst chief justice in the modern era of New Jersey history, and her tenure as a blatantly activist judge has been an ongoing affront to New Jersey as a constitutional democratic republic. The only comment on her departure I could conceivably offer is, 'Thank heavens, she's gone at last!'"

The State Senate has scheduled a vote to confirm James Zazzali as Chief Justice of the New Jersey Supreme Court on October 23rd -- three days before Deborah Poritz leaves office. That means the top court can delay their release of the potentially landmark Gay Marriage decision until after the Senate has voted on Zazzali.

During his confirmation hearing this week, the current Associate Justice and former state Attorney General declined to comment on his vote (which has presumably already been cast and is just awaiting the release of the decision). There are no Senators publicly opposed to Zazzali's nomination, but if his confirmation is followed by the release of a no vote on gay marriage, some leaders of the New Jersey Democratic Party's more progressive wing will clearly be unhappy -- including a handful of Democratic State Senators.

"If the Republicans really want to replace Tom DeLay on the ballot in Texas, then Bush should appoint (New Jersey Supreme Court Chief Justice Deborah) Poritz to the federal bench, fast."

VITALE, COHEN - 'COURT DECISION ON CHARITABLE IMMUNITY HOLDS HOPE'

Legislators Say New Regulations Will Make it Easier for Abuse Victims to Seek Damages

TRENTON - Senator Joseph F. Vitale and Assemblyman Neil M. Cohen applauded today's New Jersey Supreme Court decision which holds that John Hardwicke, a victim of sexual abuse, able to sue American Boychoir, the school that put him in harm's way.

Last year, Senator Vitale and Assemblyman Cohen authored legislation breaking down the protection of "charitable immunity" for charitable organizations that, through negligence, put children in danger of being sexually abused. The measure was signed into law in January.

"John has suffered the scars of sexual abuse, only to be told time and again by American Boychoir that his pain was 'inconvenient' to their charitable mission," said Senator Vitale, D-Middlesex. "With today's ruling, John will get his day in court, and be given the chance to hold the school accountable for its unconscionable conduct and utter failure to reign in pedophiles in sheep's clothing who preyed upon students at the school."

"This ruling and our changes to the state's charitable immunity law are not about punishing charitable organizations," said Assemblyman Cohen, D-Union. "It always has been about protecting victims of abuse and assault, and providing access to justice. When the victim is a child, there should be no sanctum of refuge."