March 11, 2010

COMMUNICATIONS WORKERS OF AMERICA, LOCAL 1034 V. NEW JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION, LOCAL 203 AND BURLINGTON COUNTY A-1394-08T1

COMMUNICATIONS WORKERS OF AMERICA, LOCAL 1034 V. NEW
JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION, LOCAL
203 AND BURLINGTON COUNTY
A-1394-08T1 03-11-10
N.J.S.A. 34:13A-5.3 prohibits policemen from joining "an
employee organization that admits employees other than policemen
to membership." We conclude that the Public Employment
Relations Commission (PERC) exceeded its statutory authority by
adopting a per se rule that Burlington County weights and
measures supervisors and apprentices are "policemen" within the
intendment of this statute solely because of those employees'
statutory authority to arrest "on the violation of any of the
provisions" of the weights and measures law "within [their] view
or presence." N.J.S.A. 51:1-106. We disapprove the per se rule
adopted by PERC in In re County of Warren, 12 NJPER 357 (¶17134
1986), and remand to PERC for further consideration in light of
County of Gloucester v. Public Employment Relations Commission,
107 N.J. Super. 150

STATE OF NEW JERSEY IN THE INTEREST OF T.M. A-4897-08T4

STATE OF NEW JERSEY IN THE INTEREST OF T.M.
A-4897-08T4 03-08-10
This short opinion serves as a reminder to Family Part
judges that a hearing to determine waiver of a juvenile for
adult prosecution of a designated serious charge does not
involve weighing the evidence to determine guilt or innocence
but only whether the State has probable cause to charge the
juvenile.

RONEN SHIMONI V. N.J. DEPARTMENT OF CORRECTIONS A-1408-08T1

RONEN SHIMONI V. N.J. DEPARTMENT OF CORRECTIONS
A-1408-08T1 03-05-10
Denial by the Commissioner of Corrections of an inmate's
application to serve the remainder of his sentence in the
country of his citizenship is not subject to the usual standard
of judicial review, i.e. whether it was arbitrary, capricious or
unreasonable. Considering that inmates have no constitutionally
protected liberty interest in an international transfer and
given the broad powers statutorily invested in the Commissioner,
denial of such an application will not be reversed absent proof
that it was made with malicious intent or on a constitutionally
impermissible basis, such as race, religion, or national origin.

RAHGEAM JENKINS v. NJ DEPARTMENT OF CORRECTIONS A-1220-08T3

RAHGEAM JENKINS v. NJ DEPARTMENT OF CORRECTIONS
A-1220-08T3 03-05-10
Prison disciplinary regulation prohibiting the possession
of "anything related to a security threat group" is not
unconstitutionally vague and provides fair warning of prohibited
conduct. The court's review of the record, which included a
gang investigator's identification of gang-related terms in
seized letters and reasons, supported a finding that possession
of these letters was prohibited.

State v. Jason V. Broom-Smith (A-3-09)

State v. Jason V. Broom-Smith (A-3-09) 3-9-10
The Court affirms the Appellate Division’s
determination that N.J.S.A. 2B:12-6 and Rule 1:12-3,
which address the designation of judges, were broad
enough to authorize the Berkeley Township municipal
judge to issue the search warrant for defendant’s
house in Dover Township under the circumstances
presented in this case.