HUGHES v. LIPSCHER

No. 89-5916.

906 F.2d 961 (1990)

Marie Williams HUGHES and Joseph P. Hughes v. Robert D. LIPSCHER, Individually and in his official capacity as Director of the Administrative Office of the Courts, State of New Jersey; Conrad J. Roncati, Individually and in his official capacity as Bergen County Trial Court Administrator, Superior Court of New Jersey; and Stephen W. Townsend, Individually and in his official capacity as Clerk of the Supreme Court of New Jersey. Appeal of Robert D. LIPSCHER, Director of the Administrative Office of the Courts, Conrad J. Roncati, Bergen County Trial Court Administrator, and Stephen W. Townsend, Clerk of the Supreme Court of New Jersey.

United States Court of Appeals, Third Circuit.

Decided June 29, 1990.


Attorney(s) appearing for the Case

Robert J. Del Tufo, Atty. Gen. of New Jersey, Michael L. Diller (argued), Deputy Atty. Gen., Michael R. Clancy, Asst. Atty. Gen. of Counsel, Dept. of Law & Public Safety, Trenton, N.J., for appellants.

Kevin H. Marino (argued), Steven L. Lapidus, Lisa A. Carey, Robinson, Wayne & La Sala, Newark, N.J., for appellees.

Before MANSMANN, SCIRICA and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

A directive of the Administrative Office of the New Jersey courts prohibits the appointment of a municipal court clerk who is married to a police officer. An incumbent clerk married a member of the police department and challenged the directive on federal and state constitutional, as well as state statutory, grounds. Declining to abstain, the district court ruled that the regulation violated the federal constitution...

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