Opinion

In re the Petition to Compel Testimony of Tuso

  • 73 N.J. 575
  • 376 A.2d 895
  • 1977 N.J. LEXIS 225
Court
Supreme Court of New Jersey
Filed
Jun 30, 1977
Status
Published
Author
Hughes
On the bench
Conford, Hughes, Pashman
Cited by
3 cases
Authority
More cited than 23.3%

The opinion

Hughes, C. J.,

concurring. I concur with the result reached by the majority, and concede that a court may not encroach upon the basic executive and prosecutorial decision to grant immunity.

Nevertheless, it is most important to emphasize the continuing supervisory obligation and power of the judiciary to protect constitutional and other rights of persons appearing before the grand jury. This leads me also to join, except for one point, in the opinion of Justice Pashman.

*582 As the majority also recognize, the power of the grand jury is such as to necessitate judicial supervision, lest that broad power be misused to the harm of constitutional or basic rights of the citizen (opinion at note 2). However, I do not believe, as I have recently stated, that “so drastic a step” (United States v. Blue, 384 U. S. 251, 255 , 86 S. Ct. 1416, 1419 , 16 L. Ed. 2d 510, 515 (1966) ) as transactional immunity is warranted. State v. Vinegra, 73 N. J. 484 (1977) (Hughes, C. J., dissenting).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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