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MATTER OF CARBERRY

114 N.J. 574 (1989)

556 A.2d 314

IN THE MATTER OF GENERAL DISCIPLINARY HEARING OF TROOPER THOMAS M. CARBERRY.

The Supreme Court of New Jersey.

Decided April 13, 1989.

Attorney(s) appearing for the Case

Sheree E. Reinhardt, Deputy Attorney General, argued the cause for appellant, State of New Jersey (Cary Edwards, Jr., Attorney General of New Jersey, attorney).

Donald W. Morrow argued the cause for respondent, Trooper Thomas M. Carberry (Morrow, Benbrook & Curzi, attorneys; Donald W. Morrow, Cynthia J. Jahn, and Susan Russo, on the briefs).

James Katz submitted a brief on behalf of amicus curiae American Civil Liberties Union of New Jersey (Tomar, Seliger, Simonoff, Adourian & O'Brien, attorneys).

John V. Jacobi and Susan Remis Silver, Assistant Deputies Public Advocate, submitted a brief on behalf of amicus curiae Public Advocate of New Jersey (Alfred A. Slocum, Public Advocate, attorney).

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

The issue on this appeal is whether an agency head's conducting of a hearing to discipline an agency employee constitutes a denial of due process to the employee. More specifically, the question is whether State Trooper Thomas M. Carberry was denied due process because the hearing to discipline him was conducted by Colonel Clinton Pagano, the superintendent of the New Jersey Division of State Police (Division)...

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