ROBINSON v. CAHILL


69 N.J. 133 (1975)

351 A.2d 713

KENNETH ROBINSON, AN INFANT BY HIS PARENT AND GUARDIAN AD LITEM, ERNESTINE ROBINSON, ET AL., PLAINTIFFS-RESPONDENTS, v. WILLIAM T. CAHILL, GOVERNOR OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 23, 1975.


Attorney(s) appearing for the Case

Honorable Brendan T. Byrne, pro se, and Mr. Lewis B. Kaden, Special Counsel to the Governor, argued the cause for appellant Governor of the State of New Jersey. (Mr. Kaden, of counsel and on the brief; Mr. John J. Degnan, Ms. Judith Nallin, and Mr. Arthur Winkler, Assistant Counsel to the Governor, on the brief).

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for appellants Treasurer of the State of New Jersey, Commissioner of Education of the State of New Jersey, New Jersey State Board of Education, and State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Skillman, of counsel and on the brief, Ms. Jane Sommer, Deputy Attorney General, on the brief).

Mr. David Goldberg argued the cause for appellants President of the Senate of the State of New Jersey and the Senate of the State of New Jersey. (Messrs. Warren, Goldberg, and Berman, attorneys).

Mr. Jack Borrus argued the cause for appellants Speaker of the General Assembly of the State of New Jersey and the General Assembly of the State of New Jersey (Messrs. Borrus, Goldin and Foley, attorneys; Mr. Borrus, of counsel and on the statement in lieu of brief; Mr. David M. Foley, on the statement in lieu of brief).

Mr. Harold J. Ruvoldt, Jr. argued the cause for respondents (Messrs. Ruvoldt and Ruvoldt, attorneys and Special Counsel to Mr. Dennis L. McGill, Corporation Counsel of the City of Jersey City, Mr. Frank H. Blatz, Jr., Corporation Counsel of the City of Plainfield, Mr. Joseph LaCava, Corporation Counsel of the City of Paterson, and Mr. Julius Fielo, Corporation Counsel of the City of East Orange).

Mr. Paul L. Tractenberg and Mr. David G. Lubell, of the New York bar, argued the cause for amici curiae Education Committee, Newark Chapter, National Association for the Advancement of Colored People and American Civil Liberties Union of New Jersey (Messrs. William J. Bender and Frank Askin, attorneys).

Mr. William J. Zaino argued the cause for amicus curiae New Jersey School Boards Association.

Mr. Cassel R. Ruhlman, Jr. argued the cause for amicus curiae New Jersey Education Association (Messrs. Ruhlman and Butrym, attorneys).

Mr. Andrew T. Berry argued the cause on behalf of amici curiae Township of Livingston and the Boards of Education of the School Districts of Montclair, Berkeley Heights, Chatham Township, New Providence, Rumson, Sandyston-Walpack, Summit and Millburn, Avon-by-the-Sea, Belmar, Englewood, Mendham Township, and the City of Englewood and the Mayor of the Borough of Carlstadt (Messrs. McCarter and English, attorneys for amici curiae Township of Livingston and the Boards of Education of the School Districts of Montclair, Berkeley Heights, Chatham Township, New Providence, Rumson, Sandyston-Walpack, Summit and Millburn; Mr. Berry of counsel and on the brief; Mr. Peter F. Shebell, Jr. filed a brief on behalf of amici curiae Boards of Education of Avon-by-the-Sea and Belmar; Mr. Walter T. Wittman, attorney for amicus curiae Board of Education of City of Englewood; Mr. Arthur W. Lesemann, attorney for amicus curiae City of Englewood; Messrs. Mills, Doyle, Hock and Murphy filed a brief on behalf of amicus curiae Board of Education of Township of Mendham, Mr. Eugene F. Doyle, of counsel and on the brief; Mr. Paul S. Barbire filed a brief on behalf of amicus curiae Mayor of the Borough of Carlstadt).

Mr. Bruce LaCarrubba appeared on behalf of amicus curiae New Jersey State Office of Legal Services.

Mr. Martin L. Greenberg, Member of the Senate of the State of New Jersey filed a brief pro se and on behalf of Ms. Anne Martindell and Messrs. Alexander Menza, Joseph P. Merlino and John Russo, Members of the Senate of the State of New Jersey (Mr. Stephen N. Dratch, on the brief).

Mr. Anthony Scardino, Jr., Member of the Senate of the State of New Jersey filed a statement in lieu of brief pro se.

Mr. Thomas H. Kean, Member of the Assembly of the State of New Jersey, filed a statement in lieu of brief pro se and on behalf of Messrs. William J. Bate and James W. Bornheimer, Ms. Jane Burgio, Ms. Mary Keating Croce, Ms. Barbara A. Curran, Messrs. Walter E. Foran, Kenneth A. Gewertz, Francis J. Gorman, Robert P. Hollenbeck, Alan J. Karcher, Robert E. Littell, Carl A. Orechio, George J. Otlowski, Victor A. Rizzolo, Robert M. Ruane, C. Gus Rys, Clifford W. Snedeker, John A. Spizziri, A. Donald Stewart, Ms. Rosemarie Totaro and Messrs. Richard F. Visotcky and Karl Weidel, Members of the Assembly of the State of New Jersey.

Mr. George J. Otlowski, Member of the Assembly of the State of New Jersey, filed a statement in lieu of brief pro se.

Mr. Alan J. Karcher, Member of the Assembly of the State of New Jersey, filed a statement in lieu of brief pro se.

Mr. Herbert C. Klein, member of the Assembly of the State of New Jersey, filed a brief pro se.

Mr. Robert B. Meyner submitted a brief on behalf of amicus curiae Morris School District (Messrs. Meyner, Landis and Verdon, attorneys; Mr. Jeffrey L. Reiner, on the brief).

Mr. Milton A. Buck, Corporation Counsel for the City of Newark, submitted a brief on behalf of amicus curiae City of Newark (Ms. Rosalind L. Bressler, Assistant Corporation Counsel, on the brief).

Mr. James D. Checki, Jr. submitted a brief on behalf of amicus curiae Board of Education of Township of Lyndhurst (Messrs. Checki and Politan, attorneys).

Mr. Robert T. Pickett submitted a brief on behalf of amicus curiae The Education Reform Project of The Greater Newark Urban Coalition (Messrs. Pickett and Jennings, attorneys; Messrs. David C. Long and Daniel M. Schemker on the brief).

Mr. Morton Feldman submitted a brief on behalf of amici curiae Pleasantville Taxpayers Association, Weymouth Taxpayers Association, Association of Concerned Citizens of Vineland and Gilbert Cramer.


The opinion of the Court was delivered by HUGHES, C.J.

The Court has now come face to face with a constitutional exigency involving, on a level of plain, stark and unmistakable reality, the constitutional obligation of the Court to act. Having previously identified a profound violation of constitutional right, based upon default in a legislative obligation imposed by the organic law in the plainest of terms,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases