Opinion

De Vesa v. Dorsey

  • 134 N.J. 420
  • 634 A.2d 493
  • 1993 N.J. LEXIS 1311
Court
Supreme Court of New Jersey
Filed
Dec 23, 1993
Status
Published
On the bench
Pollock, Handler
Cited by
80 cases
Authority
More cited than 92.7%

concluding that “the validity of the exercise of senatorial courtesy . . . does not implicate the privilege accorded to legislators under the [New Jersey Constitution’s] Speech and Debate Clause.”

How later courts described this case

  • concluding that “the validity of the exercise of senatorial courtesy . . . does not implicate the privilege accorded to legislators under the [New Jersey Constitution’s] Speech and Debate Clause.”
  • affirming, by an equally divided court, dismissal of complaint challenging exercise of “senatorial courtesy,” defining practice as “an unwritten, informal, and unofficial procedure allowing a single senator who resides in or represents any portion of the county in which a nominee is domiciled to veto the appointment without further action by the Senate[,]” and explaining that “[t]his case *371 implicates three principles that define the role of the judiciary in a democracy: judicial review, judicial restraint, and judicial independence”
  • recognizing it is firmly established that controversies which have become moot or academic prior to judicial resolution ordinarily will be dismissed
  • explaining that an appellate court "normally will not entertain cases when a controversy no longer exists"

Written by the judges who cited it.

The opinion

PER CURIAM.

The judgment of the Superior Court, Chancery Division, Mercer County, is affirmed. The members of the Court being equally divided on the grounds for affirmance, the Court has filed no majority opinion.

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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