|Statement of the Supreme Court| |Statement of Justice Gary S. Stein|

Opinion Highlights -- Associate Justice Gary S. Stein

Justice Stein has written over 365 published opinions during his tenure, including approximately 220 majority opinions. Selected opinions are listed below:

MAJORITY OPINIONS

Board of Education of Borough of Englewood Cliffs v. Board of Education of Borough of Tenafly, 170 N.J. 323 (2002) (holding that State Board of Education has ultimate responsibility for developing and directing implementation of plan to redress racial imbalance at Dwight Morrow High School).

In re Registrant J.G., 169 N.J. 304 (2001) (holding that for juveniles adjudicated delinquent based on sexual offenses committed under age fourteen Megan’s Law registration and community notification orders terminate at age eighteen on proof by clear and convincing evidence that delinquent is not likely to pose threat to safety of others).

Trantino v. New Jersey State Parole Bd., 166 N.J. 113 (2001) (reversing Parole Board’s denial of parole because its determination that inmate was likely to recidivate was unsupported by preponderance of credible evidence).

In re Passaic County Utilities Authority Petition Requesting Determination of Financial Difficulty and Application for Refinancing Approval, 164 N.J. 270 (2000) (holding invalid Environmental Investment Charge imposed by County Utilities Authority to raise funds to pay stranded bond debt incurred for planning and construction of waste disposal facilities).

In re Opinion 33 on Unauthorized Practice of Law, 160 N.J. 63 (1998) (applying public interest standard and holding that neither engagement by New Jersey bond counsel of unlicensed lawyers in that firm or an out-of-state law firm to provide legal services through New Jersey bond counsel, nor direct retention of out-of-state law firm by New Jersey public issuer where required by special circumstances will constitute unauthorized practice of law).

Lang v. Zoning Board of Adjustment of North Caldwell, 160 N.J. 41

(1999) (clarifying standards for grant of dimensional variance under Municipal Land Use Law).

Franklin Tower One, L.L.C. v. N.M., 157 N.J. 602 (1999) (holding that state statute prohibiting landlords from refusing to rent to tenant because of “source of any lawful rent payment” bars landlords from refusing to accept federal Section 8 rental assistance voucher from an existing tenant).

Mehlman v. Mobil Oil Corp., 153 N.J. 163 (1998) (sustaining claim under Conscientious Employee Protection Act based on allegations that employee’s discharge in New Jersey was in retaliation for employee’s objection to practice that violated another country’s public policy and endangered its citizens).

State v. Marshall, 148 N.J. 89 (1997) (reviewing ineffective assistance of counsel claim relating to capital-case penalty- phase proceeding and holding that court must determine if reasonable probability exists that, but for counsel’s errors, jury’s penalty-phase deliberations would have been affected substantially).

Kubis & Perszyk Associates, Inc. v. Sun Microsystems, Inc., 146 N.J. 176 (1996) (holding that forum-selection clauses in contracts subject to Franchise Practices Act are presumptively invalid).

Rendine v. Pantzer, 141 N.J. 292 (1995) (authorizing contingency enhancements in setting attorney-fee awards under New Jersey fee- shifting statutes).

State v. Pierce, 136 N.J. 184 (1994) (holding under New Jersey Constitution that police officers that arrested driver for motor vehicle violation were not authorized to conduct warrantless search of vehicle).

Housing Authority of Town of Morristown v. Little, 135 N.J. 274 (1994) (upholding trial court’s decision to vacate warrant of removal where single mother of five minor children paid public Housing Authority back rent within three days, and noting that suitable housing for family at comparable rental was unavailable).

Morton Int’l, Inc. v. General Acc. Ins. Co. of America, 134 N.J. 1 (1993) (construing standard pollution-exclusion clause in manner consistent with objectively reasonable expectations of state regulatory authorities and holding that clause was enforceable only to extent of precluding coverage for insured’s intentional discharge of known pollutants).

State v. Brunson, 132 N.J. 377 (1993) (holding that in criminal trials State may impeach credibility of testifying defendant by introducing evidence of number, degree, and date of prior similar convictions, but State cannot specify the nature of those prior offenses).

In re Township of Warren, 132 N.J. 1 (1993) (holding invalid regulation of Council on Affordable Housing that authorized municipalities seeking substantive certification of fair-share plans for low and moderate income housing to allocate fifty percent of such housing to income-eligible households that reside or work in municipality).

State v. Preciose, 129 N.J. 451 (1992) (setting forth standards governing state post-conviction relief, and stating that “where meritorious issues are presented, our interest in affording defendant access to both state post-conviction and federal habeas review outweighes our interest in finality through unnecessarily rigid enforcement of state procedural rules”).

South Jersey Pub. Co., Inc. v. New Jersey Expressway Authority, 124 N.J. 478 (1991) (holding that minutes of executive-session meetings of New Jersey Expressway Authority were subject to disclosure to newspaper under Open Public Meetings Act).

Scafidi v. Seiler, 119 N.J. 93 (1990) (holding that in medical malpractice cases involving pre-existing risk of harm jury must apportion causation, and plaintiff’s damages are limited to value of lost chance of recovery attributable to defendant’s negligence).

Troth v. State, 117 N.J. 258 (1989) (holding that Tort Claims Act immunity for unimproved property did not apply to injuries allegedly sustained because of dangerous condition of dam located on 4300-acre State recreational tract).

State v. Stevens, 115 N.J. 289 (1989) (setting forth standards governing admissibility of other-crimes evidence in criminal trials).

State v. D.R., 109 N.J. 348 (1988) (authorizing modification of hearsay rule to allow admission of out-of-court statements by child victim of sexual abuse).

Medici v. BPR Co., 107 N.J. 1 (1987) (adopting enhanced standard of proof to support grant of use variances under Municipal Land Use Law for uses not classified as “inherently beneficial”).

Ayers v. Jackson Twp., 106 N.J. 557 (1987) (allowing recovery of “quality of life” and medical surveillance damages for residents whose well water was contaminated by toxic pollutants leaching into aquifer from Township operated landfill).

State v. Novembrino, 105 N.J. 95 (1987) (holding that exclusionary rule, unmodified by good-faith exception, is integral element of state constitutional guarantee that search warrants will not issue without probable cause).

DISSENTS

Abbott ex rel. Abbott v. Burke, ___ N.J. ___ (2002) (reviewing State’s implementation of court-ordered pre-school programs and recommending use of Special Master to assist in resolving disputes).

State v. Apprendi 159 N.J. 7 (1999) (dissenting from opinion sustaining imposition of enhanced sentence based on finding of racial-bias motivation made by judge rather than jury; decision reversed by 5-4 decision of United States Supreme Court).

Olds v. Donnelly, 150 N.J. 424 (1997) (dissenting opinion recommending that Court discontinue application of entire controversy doctrine to compel party joinder; recommendation adopted by Rule amendments effective September 1998).

Kuzmicz v. Ivy Hill Apartments, Inc. 147 N.J. 510 (1997) (dissenting from opinion reversing jury verdict for plaintiff based on maintenance of unsafe exit by owner of apartment complex that led to adjacent lot where criminal assault occurred).

Prevratil v. Mohr, 145 N.J. 180 (1996) (dissenting from application of entire controversy doctrine to dismiss plaintiff’s personal injury claim where employer’s insurance company’s assigned counsel failed to file plaintiff’s claim in initial lawsuit naming employer as defendant).

Circle Chevrolet Co. v. Giordano, Halleran & Ciesla, 142 N.J. 280 (1995) (dissenting from opinion applying entire controversy doctrine to bar plaintiff’s malpractice claim against its former attorneys).

Doe v. Poritz, 142 N.J. 1 (1995) (dissenting opinion asserting that retroactive application of Megan’s Law notification provisions to prior offenders violates constitutional prohibition against ex post facto laws).

Stephenson v. R.A. Jones & Co., Inc., 103 N.J. 194 (1986) (dissenting opinion asserting that employer who persistently frustrates manufacturer’s efforts to correct machine’s dangerous condition should indemnify manufacturer for damages paid to employee injured by hazard that employer prevented manufacturer from repairing).

State v. Hartley, 103 N.J. 252 (1986) (dissenting opinion addressing admissibility of defendant’s unwarned confession following two prior administrations of full Miranda warnings within a few hours prior to confession).

CONCURRING OPINIONS

Abbott ex rel. Abbott v. Burke, 163 N.J. 95 (2000) (addressing deficiencies in State’s implementation of Court-ordered pre- school programs in urban districts).

State v. Vawter, 136 N.J. 56 (1994) (advancing analytical basis for upholding anti-hate-crime statutes contrary to United States Supreme Court’s decision in R.A.V. v. City of St. Paul).

Matter of Konopka, 126 N.J. 225 (1991) (urging modification of mandatory disbarment rule in attorney misappropriation cases).

Davis Enterprises v. Karpf, 105 N.J. 476 (1987) (explaining standards governing grant of dimensional variances under Municipal Land Use Law).