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WORTHINGTON v. FAUVER

88 N.J. 183 (1982)

440 A.2d 1128

CHARLES WORTHINGTON, COUNTY EXECUTIVE AND MARIO FLORIANI, SHERIFF OF ATLANTIC COUNTY, PLAINTIFFS-APPELLANTS, v. WILLIAM H. FAUVER, COMMISSIONER, NEW JERSEY DEPARTMENT OF CORRECTIONS, AND BRENDAN BYRNE, GOVERNOR, STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 6, 1982.

Attorney(s) appearing for the Case

Salvatore Perillo, County Counsel, argued the cause for appellants (Salvatore Perillo, attorney; Salvatore Perillo and Betty Ann Bittel, Assistant County Counsel, on the brief).

Michael R. Cole, Assistant Attorney General, argued the cause for respondents (James R. Zazzali, Attorney General of New Jersey, attorney; Joseph T. Maloney, Deputy Attorney General, on the brief).

Martin Verp, County Counsel, submitted a brief on behalf of amicus curiae The Board of Chosen Freeholders of Passaic County (Martin Verp, attorney; Michael H. Glovin, Assistant County Counsel, on the brief).

Lauren Anderson and Howard Moskowitz submitted a brief on behalf of amici curiae Geraldo Morales and Lonnie Killingsworth.

The opinion of the Court was delivered by PASHMAN, J.

To alleviate the potentially disastrous overcrowding of inmates in state and county correctional institutions, the Governor issued Executive Order No. 106 on June 19, 1981.1 In promulgating the order, the Governor invoked his emergency powers under the Civil Defense and Disaster Control Act, N.J.S.A. App. A:9-30 et seq. This temporary emergency measure granted to the Commissioner...

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