04-2-4335 Stengart v. Loving Care Agency Inc. , App. Div. (Fisher, J.A.D.) (30 pp.) In this appeal, the court addressed whether workplace regulations converted an employee’s e-mails with her attorney — sent through the employee’s personal, password-protected, Web-based e-mail account, but via her employer’s computer — into the employer’s property. Finding that the policies undergirding the attorney-client privilege substantially outweigh the employer’s interest in enforcement of its unilaterally imposed workplace regulation, the court rejected the employer’s claimed right to rummage through and retain the employee’s e-mails to her attorney. [Decided June 26, 2009.] [Digested at page xx.]
CRIMINAL LAW AND PROCEDURE — DRUNK DRIVING — BREATHALYZER REFUSAL
14-2-4402 State v. Marquez , App. Div. (Sabatino, J.A.D.) (24 pp.) The police have no constitutional obligation to translate into Spanish the standard statement under the breath-test refusal statute, N.J.S.A. 39:4-50.2(e), to a licensed New Jersey driver arrested for drunk driving who does not understand English. We reaffirm the Law Division’s holding in State v. Nunez , 139 N.J. Super. 28, 32-33 (Law Div. 1976), that no such translation is required. However, we recommend that, as an administrative matter, the Motor Vehicle Commission prospectively consider having the standard statement translated into Spanish and perhaps other prevalent foreign languages. [Decided July 1, 2009.] [Digested at page xx.]
