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NJDPM. v. NEW JERSEY DEPT. OF CORR.

883 A.2d 329 (2005)

185 N.J. 137

NEW JERSEYANS FOR a DEATH PENALTY MORATORIUM, Plaintiff-Respondent, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, an agency of the State of New Jersey and Devon Brown, in his official capacity as the Commissioner of the New Jersey Department of Corrections, Defendants-Appellants.

Supreme Court of New Jersey.

Decided August 15, 2005.

Attorney(s) appearing for the Case

Lewis A. Scheindlin, Assistant Attorney General, argued the cause for appellants (Peter C. Harvey, Attorney General of New Jersey, attorney; Patrick DeAlmeida and Michael J. Haas, Assistant Attorneys General, of counsel).

Kevin D. Walsh, Buffalo, NY, argued the cause for respondent.

Thomas J. Cafferty, Somerset and Arlen M. Turinchak, submitted a brief on behalf of amicus curiae New Jersey Press Association (McGimpsey & Cafferty, attorneys).

Neil M. Mullin, Montclair, submitted a brief on behalf of amici curiae American Civil Liberties Union of New Jersey, Constitutional Litigation Clinic, Rutgers School of Law—Newark, New Jersey Appleseed Public Interest Law Center and New Jersey Institute for Social Justice (Smith Mullin, attorneys).

Justice ZAZZALI delivered the opinion of the Court.

This appeal requires us to address once again the standards that govern an award of attorney's fees under a state fee-shifting statute. In this matter, the New Jerseyans for a Death Penalty Moratorium (NJDPM)1 sued the New Jersey Department of Corrections (DOC) to challenge the DOC's promulgation of rules and procedures for carrying out capital sentences by lethal injection. In connection...

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