Richard J. Hughes Justice Complex, seat of the New Jersey Supreme Court. 'Astute Legal Reasoning and Due Consideration': NJ Supreme Court Averts Constitutional Crisis
The enactment of S-3011 presented a direct challenge to the Supreme Court's rule-making authority.
March 01, 2024 at 03:02 PM
3 minute read
Constitutional Law
Last December, the Legislature voted unanimously to reinstate plea bargaining in cases involving driving while under the influence of alcohol or drugs ("DUI") in municipal court that involved a charge of refusing to take a breathalyzer test. The bill (S-3011) was quickly signed into law by Gov. Phil Murphy, thus setting the stage for a potential constitutional conflict over the Supreme Court's 1950 decision in Winberry v. Salisbury, holding that the State Constitution reserved sole power to the court to make rules governing practice, administration and procedure throughout the court system.
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