IN THE MATTER OF PETITIONS FOR RULEMAKING, N.J.A.C. 10:82-1.2 AND 10:85-4.1.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued January 18, 1989.
Decided December 11, 1989.
Attorney(s) appearing for the Case
David G. Sciarra, Assistant Deputy Public Advocate, argued the cause for amicus curiae Public Advocate of New Jersey (Alfred A. Slocum, Public Advocate, attorney).
Douglas S. Eakeley argued the cause for amici curiae American Baptist Churches of New Jersey, et al. (see Appendix A for the complete list of amici curiae) (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Laura J. Berkowitz, on the brief).
Robert T. Pickett argued the cause for amicus curiae New Jersey Black Issues Convention, Inc.
William Harla, Assistant Attorney General, argued the cause for appellant Department of Human Services (Cary Edwards, Attorney General of New Jersey, attorney; Dennis J. Conklin, Deputy Attorney General, on the briefs).
Melville D. Miller, Jr., President, Legal Services of New Jersey, Inc., argued the cause for respondents, Jan Harris, Gwen De Palma, Bernadette Gaskill, Alexandria Rippey, Evelyn Chudley, Delthine Jenkins, Ida Bell, Ruby Grace, Jerry Albright, Fannie Tift, Phyllis Wilson, Walter Zoolkoski, Janie Davis, J.P., George Storms, Donald Kain, G.W., M.W., and Russell Watson (Melville D. Miller; Hugh D. Heisler, Acting Executive Director, Essex-Newark Legal Services; Timothy K. Madden, Director, Hudson County Legal Services; John D. Atlas, Executive Director, Passaic County Legal Aid Society; John F. Rhody, Executive Director, Ocean-Monmouth Legal Services, Inc.; Patrick N. Budd, Director, Legal Aid Society of Mercer County; Diane K. Smith, Executive Director, Somer-set-Sussex Legal Services Corp.; William F. Matrician, Legal Director, Legal Aid Society of Morris County, attorneys; Melville D. Miller, Joseph Harris David, and Ted Gardner, on the brief).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by O'HERN, J.
This appeal primarily concerns the proper relationship between courts and administrative agencies in the effectuation of programs delegated to the agency by the legislative branch. The issue arises in the context of a judicial order that the New Jersey Department of Human Services (DHS) set forth a standard of need by which to assess the benefit levels of two major public-assistance programs that the agency administers...
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