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MATTER OF RULES ADOPTION

120 N.J. 137 (1990)

576 A.2d 274

IN THE MATTER OF RULES ADOPTION REGARDING INMATE MAIL TO ATTORNEYS, PUBLIC OFFICIALS, AND NEWS MEDIA REPRESENTATIVES (N.J.A.C. 10A:18-1.3; 18-2.7; 18-2.8; 18-3; 18-4.7).

The Supreme Court of New Jersey.

Decided July 17, 1990.

Attorney(s) appearing for the Case

Catherine M. Brown, Deputy Attorney General, argued the cause for appellant, New Jersey Department of Corrections (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, of counsel).

Catherine A. Hanssens, Assistant Deputy Public Defender, argued the cause for respondent Public Advocate of New Jersey (Thomas S. Smith, Jr., Acting Public Advocate, attorney).

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

This appeal concerns the constitutionality of a narrow category of regulations promulgated by the New Jersey Department of Corrections, N.J.A.C. 10A:18-2.7 and 10A:18-2.6, which are part of an overall regulatory scheme affecting the exchange of written matter between inmates and non-inmates. Specifically, the issue is whether the federal constitution requires that the category of privileged "legal correspondence...

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