New Jersey's Chief Justices 1948 to 2007: Selected References

compiled by Paul Axel-Lute
November 1997
last updated June 16, 2010

ARTHUR T. VANDERBILT, Chief Justice 1948-1957

WORKS ABOUT VANDERBILT

Arthur T. Vanderbilt: the Compleat Counselor / by Eugene C. Gerhart (Q Corp., 1980) KF 373.V3 G47 Includes complete list of Vanderbilt's opinions and bibliography of his writings and speeches.

Chief Justice Arthur T. Vanderbilt and the Judicial Revolution in New Jersey / by Voorhees E. Dunn (Ph.D. dissertation, Rutgers Univ., 1987) KFN 1879.D866

Changing Law: A Biography of Arthur T. Vanderbilt / by Arthur T. Vanderbilt II (Rutgers Univ.Press, 1976) KF 373.V3 V3 Reprinted as: Order in the Courts: A Biography of Arthur T. Vanderbilt (ICLE, 1997) KF 354.N48 V3

Maynard E. Pirsig, "Justice Arthur T. Vanderbilt in Retrospect," 12 Rutgers Law Review 427-448 (1958)

Bernard Schwartz, "Chief Justice Vanderbilt and Administrative Law," 34 New York Univ. Law Review 691-715 (1959)

"Chief Justice Vanderbilt Passes On," 80 N.J.L.J. 309 (June 20,1957)

"Arthur T. Vanderbilt, 1888-1957" (editorial), 80 N.J.L.J. 312 (June 20,1957)

"Proceedings before the Supreme Court of New Jersey in reference to the death of Chief Justice Arthur T. Vanderbilt, September 4, 1957," 25 N.J. xix-xxx. Initial portion of proceedings also appears at 80 N.J.L.J. 441 (Sept.5,1957).

WORKS BY VANDERBILT

The Challenge of Law Reform / by Arthur T. Vanderbilt (Princeton Univ. Press, 1955) (William H. White Lectures, Univ. of Virginia Law School, 1954) KF 384.V35

Doctrine of the Separation of Powers and Its Present Day Significance / by Arthur T. Vanderbilt (Univ.of Nebr. Press, 1953) (Roscoe Pound Lectures, Univ.of Nebraska, April 1952) KF 4565.V35

Judges and Jurors: Their Functions, Qualifications and Selection / by Arthur T. Vanderbilt (Boston Univ. Press, 1956) (Gaspar G. Bacon Lectures, Boston Univ., Feb. 1955) KF 8775.A75 V3 (also found at 36 Boston Univ. Law Rev. 1)

Improving the Administration of Justice: Two Decades of Development / by Arthur T. Vanderbilt (Univ. of Cincinnati College of Law, 1957) (Robert S. Marx Lectures, Mar.1957) KF 8700.V36 (also found at 26 Cincinnati Law Rev. 155)

Men and Measures in the Law / by Arthur T. Vanderbilt (Knopf, 1949) (William W. Cook Foundation Lectures, Univ. of Michigan, April 1948) KF 213.V3

NOTABLE OPINIONS

Duffcon Concrete Products v. Cresskill, 1 N.J. 509,, 64 A.2d 347 (1949). Upheld zoning ordinance excluding heavy industry from a residential municipality.

Winberry v. Salisbury, 5 N.J. 240, 74 A.2d 406 (1950). Decided that the Legislature did not have the power to override the Supreme Court's rules of practice and procedure.

Fox v. Snow, 6 N.J. 12, 14, 76 A.2d 877, 878 (1950) (Vanderbilt, C.J., dissenting). The majority defeated the plain intent of a testatrix by adhering to a long-standing technical rule. Vanderbilt argued against the "dead hand of the past ... that perpetuates rules of law without reason."

Mazza v. Cavicchia, 15 N.J. 498, 105 A.2d 545 (1954) Held that the use of secret hearing examiners' reports in the decision-making practice of the Division of Alcoholic Beverage Control violated the due process rights of tavern licensees.

City of Jersey City v. Hague, 18 N.J. 584, 115 A.2d 8 (1955). Permitted Jersey City to sue its former mayor for restitution of money allegedly extorted from city employees.

JOSEPH WEINTRAUB, Chief Justice 1957-1973

Joseph Weintraub, "Judicial Legislation," 81 N.J.L.J. 545 (Oct.30,1958) (address to Iota Theta Fraternity, New York City, Sept.30,1958)

Joseph Weintraub, "Writing, Consideration, and Adoption of Opinions," 83 N.J.L.J. 477 (Sept.22,1960) (paper delivered before Conference of Chief Justices at 12th Annual Meeting, Baltimore, Aug.1960)

Milton B. Conford, "Joseph Weintraub: Reminiscences," 96 N.J.L.J. 1205 (Oct.11,1973)

W. David Curtiss, "Chief Justice Joseph Weintraub--Cornellian," 59 Cornell Law Review 183-185 (1974)

John J. Francis, "Joseph Weintraub--A Judge for All Seasons," 59 Cornell Law Review 186-196 (1974), reprinted at 97 N.J.L.J. 289 (Apr.25,1974).

Dominick A. Mazzagetti, "Chief Justice Joseph Weintraub: the New Jersey Supreme Court 1957-1973," 59 Cornell Law Review 197-220 (1974)

"Chief Justice Joseph Weintraub: a Dedication," 5 Rutgers Camden Law Journal 400-401 (1974)

Peter Buchsbaum, "Chief Justice Weintraub and the Right to Privacy," 5 Rutgers Camden Law Journal 402-412 (1974)

John D. Schupper, "Chief Justice Weintraub and the Role of the Judiciary," 5 Rutgers Camden Law Journal 413-417 (1974)

"Proceedings before the Supreme Court of New Jersey in Memory of Chief Justice Joseph Weintraub, May 24, 1977," 72 N.J. xix-xxxii

"Joseph Weintraub: Great American Jurist," 100 N.J.L.J. 113 (Feb.10,1977)

John J. Francis, "Chief Justice Joseph Weintraub: a Tribute," 30 Rutgers Law Review 479-481 (1977)

Daniel J. O'Hern, "Brennan and Weintraub: Two Stars to Guide Us: Some Reflections on the Roots of the Differing Judicial Philosophies of William J. Brennan Jr. and Joseph Weintraub," 46 Rutgers Law Review 1049-1069 (1994)

NOTABLE OPINIONS

Jackman v. Bodine, 43 N.J. 453, 205 A.2d 713 (1964) Held that the State's constitutional provision for one Senator from each county violated the "one person one vote" standard under the federal Equal Protection Clause.

State v. Trantino, 44 N.J. 358, 209 A.2d 117 (1965). Affimed murder conviction of Thomas Trantino and imposition of death sentence (later changed to life sentence, see State v. Funicello, 60 N.J. 60, 286 A.2d 55 (1972)).

In re Addonizio, 53 N.J. 107, 248 A.2d 531 (1968). Sustained Newark Mayor Hugh Addonizio's Fifth Amendment claim of privilege against a grand jury subpoena of his records, but upheld a subpoena of bank and brokerage firm records relating to him.

Summer v. Township of Teaneck, 53 N.J. 548, 251 A.2d 761 (1969). Upheld a local ordinance against "blockbusting."

State v. Carter, 54 N.J. 436, 255 A.2d 746 (1969). Affirmed the murder conviction of Rubin "Hurricane" Carter.

State v. Shack, 58 N.J. 297, 277 A.2d 369 (1971). Held that farmer could not bar access to government services for migrant workers.

In re Adoption of E, 59 N.J. 36, 57, 279 A.2d 785, 789 (1971) (Weintraub, C.J., concurring). The majority reversed a trial court judgment which had denied an adoption solely on the ground of the would-be parents' atheism. Weintraub would have gone further and stated that the would-be parents' religious belief or nonbelief had no relevance to their legal fitness to be parents, and should not be the subject of judicial inquiry.

Robinson v. Cahill, 62 N.J. 473, 303 A.2d 273 (1973) ("Robinson I"). Held the school financing system unconstitutional.

Inganamort v. Borough of Fort Lee, 62 N.J. 521, 303 A.2d 298 (1973). Upheld a rent-control ordinance.

Busik v. Levine, 63 N.J. 351, 307 A.2d 571 (1973). Upheld a court rule authorizing the awarding of pre-judgment interest in tort actions.

PIERRE P. GARVEN: Chief Justice Sept.1,1973-Oct.19,1973

"Sullivan and Garven Picked for Supreme Court," 90 N.J.L.J. 305 (Mar.15, 1973)

"Chief Justice Garven's Proposed Municipal Court Reform," 96 N.J.L.J. 1237 (Oct.25,1973)

"Pierre P. Garven" (editorial), 96 N.J.L.J. 1240 (Oct.25,1973)

(for other references see 25-year Cumulative Index to N.J.L.J.)

RICHARD J. HUGHES: Chief Justice 1973-1979

Richard J. Hughes, "Reflections: 'A Growing Court,'" 11 Seton Hall Law Review 379-395 (1981)

Richard J. Hughes, "The Judicial System and the Citizen," 117 N.J.L.J. 623 (May 15,1986) (excerpts from remarks at Drew University, Apr.17,1986)

Kathleen Bird, "Hughes Leaves Long Legal Legacy," 132 N.J.L.J. 977 (Dec.14,1992)

"Richard J. Hughes (1909-1992)" (editorial), 132 N.J.L.J. 992 (Dec.14,1992)

NOTABLE OPINIONS

Rova Farms Resort v. Investors Ins. Co., 65 N.J. 474, 323 A.2d 495 (1974). Held the insurance company liable for the full amount of a $225,000 tort verdict, though its policy limit was $50,000, because the insurer had not made a good-faith effort to settle the case.

Robinson v. Cahill, 69 N.J. 133, 351 A.2d 713 (1975) ("Robinson IV"). After failure by the Legislature to remedy the school financing system found defective by "Robinson I," the Court ordered, as a provisional remedy, a particular allocation of funds.

In re Quinlan, 70 N.J. 10, 355 A.2d 647 (1976). Right-to-die case.

ROBERT N. WILENTZ: Chief Justice 1979-1996

"Tributes to Chief Justice Robert N. Wilentz," 49 Rutgers Law Review 637-749 (1997)

"Speeches by Chief Justice Robert N. Wilentz," 49 Rutgers Law Review 753-1213 (1997)

Paul Axel-Lute, "Robert N. Wilentz: A Bibliography," 49 Rutgers Law Review 1215-1230 (1997). Includes list of Wilentz opinions.

Kathleen Bird, "Wilentz's Activism Defines the Court," 130 N.J.L.J. 434- (Feb.17,1992)

"The Legacy of Robert N. Wilentz" (editorial), 9 N.J. Lawyer 1938 (Oct.2, 2000)

NOTABLE OPINIONS

In re Wilson, 81 N.J. 451, 409 A.2d 1153 (1979). Held that an attorney's knowing use of client's money as if it were his own must result in disbarment.

Alfonso v. Board of Review, 89 N.J. 41, 47, 444 A.2d 1075, 1078 (1981) (Wilentz, C.J., dissenting). Wilentz disagreed with the Court's holding that a notice of denial of unemployment insurance given in English to a non-English-speaking person satisfied due process.

Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158, 456 A.2d 390 (1983) ("Mount Laurel II"). Reaffirmed and clarified the doctrine of "Mount Laurel I," 67 N.J. 151, 336 A.2d 713 (1975), which required municipalities to allow for affordable housing.

Kelly v. Gwinnell, 96 N.J. 538, 476 A.2d 1219 (1984). Held that a social host may be liable to the victim of an auto accident caused by a guest's drunken driving.

State v. Kelly, 97 N.J. 178, 478 A.2d 364 (1984). Allowed expert testimony on battered women's syndrome on question of self-defense in a homicide case.

Hills Dev. Co. v. Township of Bernards, 103 N.J. 1, 510 A.2d 621 (1986). Upheld Fair Housing Act of 1985.

State v. Ramseur, 106 N.J. 123, 524 A.2d 188 (1987). Found the capital punishment act constitutional.

In re Baby M, 109 N.J. 396, 537 A.2d 1227 (1998). Invalidated a contract which would have terminated a surrogate mother's parental rights.

Abbot v. Burke, 119 N.J. 287, 575 A.2d 359 (1990). Held the Public School Education Act of 1975 unconstitutional as applied to poorer urban school districts.

Perini Corp. v. Greate Bay Hotel & Casino,Inc., 129 N.J. 479, 518, 610 A.2d 364, 384 (1992) (Wilentz, C.J., concurring). Wilentz called for an end to judicial review of asserted errors of law in arbitral awards.

New Jersey Coalition Against War in the Middle East v. J.M.B.Realty Corp., 138 N.J. 326, 650 A.2d 757 (1994). Required regional shopping centers to permit leafletting on their premises on societal issues.

Doe v. Poritz, 142 N.J. 1, 662 A.2d 367 (1995). Upheld "Megan's Law" requiring registration and community notification of sex offenders.

DEBORAH T. PORITZ, Chief Justice, 1997-2006

WORKS ABOUT PORITZ

"The Wilentz Court Evolves Under Poritz," by Henry Gottlieb, 151 N.J.L.J. 217 (Jan.19,1998).

"Poritz's different tone and style make her the talk of the town," by Kathy Barrett Carter, Star-Ledger, Feb.2,1997, sec.1 p.1.

"Chief Justice's Recusal Refusal Draws Criticism," by Cheryl Winokur, 151 N.J.L.J. 901 (Mar.1,1998)

"Defining moment of Poritz court?" 8 N.J.Lawyer 1677 (Aug.9,1999) (about Dale v. Boy Scouts).

"The Poritz Court: Turning the corner," by Harvey C. Fisher 8 N.J.Lawyer 1821 (Aug.30,1999)

"Tenure Appears Certain as Poritz Surmounts Critics," by Michael Booth, 172 N.J.L.J. 1005 (June 16, 2003)

"Poritz's Legacy: Changes Only for the Better," by Lisa Brennan, 186 N.J.L.J. 457 (Oct.30, 2006)

SELECTED OPINIONS & OTHER DOCUMENTS BY PORITZ

State in Interest of J.G., 151 N.J. 565, 701 A.2d 1260 (1997). Upheld requirement for sex offenders to submit to HIV-testing, provided court finds probable risk of HIV transmission.

"Statement of Chief Justice Deborah T. Poritz Re: Participation in Abbott v. Burke (A-155-97)," 151 N.J.L.J. 902 (Mar.2,1998) (statement dated Feb.23,1998).

Baxt v. Liloia, 155 N.J. 190, 714 A.2d 271 (1998).  Declined to recognize a cause of action against adversary's attorney based on breach of the Rules of Professional Conduct.

State v. Loftin, 157 N.J. 253, 724 A.2d 129 (1999).  Death penalty case,  Defendant did not meet burden of proving disproportionate sentence or racial discrimination in imposition of the death penalty.  Court declined to decide constitutionality of a 1992 statutory amendment limiting the universe of proportionality review until reviewing the findings of a newly appointed Special Master.

Dale v. Boy Scouts of America, 160 N.J. 562, 734 A.2d 1196 (1999)   The gay Boy Scout case; held BSA to be a "place of public accommodation" subject to the Law Against Discrimination. Reversed by U.S.Supreme Court, BSA v. Dale, 530 U.S. 640 (2000)

Abbott v. Burke, 163 N.J. 95, 748 A.2d 82 (2000) ("Abbott VI"). Held, inter alia, that the use of daycare centers with uncertified teachers did not satisfy the Court's earlier mandate for quality preschool education in the poor urban districts.

In re Adoption of Child by W.P., 163 N.J. 158, 176, 748 A.2d 515, 525 (2000).   Chief Justice Poritz dissented at length from the Court's decision that the grandparent visitation statute was overridden by the adoption statute.

Kaspar v. Board of Trustees of T.P.A.F., 164 N.J. 564, 595, 754 A.2d 525, 542 (2000).   Chief Justice Poritz dissented from Court's decision that teacher assaulted on front steps of school was engaged in performance of duties and thus eligible for accidental disability retirement.

Planned Parenthood v. Farmer, 165 N.J. 609, 762 A.2d 620 (2000).   Held Parental Notification for Abortion Act unconstitutional.

State v. Thomas, 166 N.J. 560, 767 A.2d 459 (2001).   Chief Justice Poritz dissented from the Court's holding that the No Early Release Act did not apply to a sexual assault case in which there was no physical force other than that inherent in the sexual contact.

State v. Manzie, 168 N.J. 113, 733 A.2d 659 (2001).   Chief Justice Poritz (along with Justices Long and LaVecchia) dissented from the Court's holding that the No Early Release Act did not apply to murder.

Hubbard v. Reed, 168 N.J. 387, 774 A.2d 495 (2001).   In a malpractice action against a dentist who pulled the wrong tooth, where the plaintiff would rely on the common knowledge doctrine and not call an expert witness, an affidavit of merit was not required.

J.B. v. M.B., 170 N.J. 9, 783 A.2d 707 (2001).   Divorced husband was denied the right to use frozen preembryos, because it would have forced the divorced wife to become a biological parent against her will.

Abbott v. Burke, 170 N.J. 537, 790 A.2d 842 (2002). ("Abbott VIII").   The Court clarified mandates for preschool programs in the Abbott districts, but declined to appoint a Special Master to oversee implementation.

"Report of the State of the Judiciary," given by Chief Justice Poritz, 168 N.J.L.J. 788 (May 27, 2002)

Toll Brothers v. Township of West Windsor, 173 N.J. 502, 803 A.2d 53 (2002).   A Mt. Laurel case, in which the Court found that the township's ordinances, regulations, and site factors had prevented a realistic opportunity for affordable housing, and upheld a builder's remedy.

Lonegan v. State, 174 N.J. 435, 809 A.2d 91 (2002).   Sustained the Education Facilities Construction & Financing Act against challenge based on debt limitation clause, but called for further argument on the challenge to contract debt in general.

New Jersey Democratic Party v. Samson, 175 N.J. 178, 814 A.2d 1028 (2002).   The Court unanimously allowed the Democratic Party to change its candidate for Senate, although the original candidate had withdrawn after the statutory deadline.

Lonegan v. State, 176 N.J. 2, 819 A.2d 395 (2003) (4-3 decision). The Court declined to use the Debt Limitation Clause to overturn the long-standing practice of "contract debt."

"Report on the State of the Judiciary," given by Chief Justice Poritz to the N.J. State Bar Ass'n, Atlantic City, May 20, 2005. 180 N.J.L.J. 594 (May 23, 2005).

State v. Jimenez, 188 N.J. 390, 908 A.2d 181 (2006).   Held that a capital defendant "has the burden to prove by a preponderance of the evidence that he is retarded."

State v. Moore, 188 N.J. 182, 902 A.2d 1212 (2006).   Held that "hypnotically refreshed testimony of a witness in a criminal trial is generally inadmissible."

Hardwicke v. American Boychoir School, 188 N.J. 69, 902 A.2d 900 (2006).   Held that private boarding school could be sued under Child Sexual Abuse Act.

Green v. Jersey City Board of Education, 177 N.J. 434, 828 A.2d 883 (2003) (4-3 decision).   Allowed punitive damages in action by whistleblower against a public body.

Sojourner A. v. New Jersey Dept. of Human Services, 177 N.J. 318, 828 A.2d 306 (2003).   Upheld family cap provision of welfare reform act against challenge on constitutional grounds.

JAMES R. ZAZZALI, Chief Justice, Oct.26,2006 to June 17, 2007

ARTICLE ABOUT ZAZZALI

"Zazzali Leaves Office in a Final Blaze of Rulings," by Mary Pat Gallagher, 188 N.J.L.J. 1049 (June 18, 2007)

SELECTED OPINIONS BY ZAZZALI

Hodges v. Feinstein, Raiss, Kelin & Booker, L.L.C., 189 N.J. 210, 915 A.2d 1 (2007).   Held "a law firm or attorney that regularly files summary dispossess actions for nonpayment of rent is a debt collector"under the Federal Debt Collection Practices Act.

L.W. ex rel. L.G. v. Toms River Regional Schools Board of Education, 189 N.J. 381, 915 A.2d 535 (2007).   Held that the Law Against Discrimination "recognizes a cause of action against a school district for student-on-student affectional or sexual orientation harassment."

Tarus v. Borough of Pine Hill, 189 N.J. 497, 916 A.2d 1036 (2007).   Held there is a common law right to videotape an open public meeting, within reasonable guidelines.

Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 922 A.2d 710 (2007).   Allowed class action by former hourly employees, alleging various abusive practices by retail employer, to proceed.

Jerkins ex rel. Jerkins v. Anderson, 191 N.J. 285, 922 A.2d 1279 (2007).   Held that "schools in New Jersey must exercise a duty of reasonable care for supervising students' safety at dismissal."

Gallenthin Realty Development, Inc. v. Borough of Paulsboro, 191 N.J. 344, 924 A.2d 447 (2007).   Held that municipality could not designate property as in need of redevelopment simply because it was vacant and unimproved.