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COUNTY OF HUDSON v. DEPT. OF CORR.

152 N.J. 60 (1997)

703 A.2d 268

THE COUNTY OF HUDSON, PLAINTIFF-RESPONDENT, v. DEPARTMENT OF CORRECTIONS, STATE OF NEW JERSEY, WILLIAM H. FAUVER, COMMISSIONER DEPARTMENT OF LAW AND PUBLIC SAFETY, JUVENILE JUSTICE COMMISSION, STATE OF NEW JERSEY DEBORAH T. PORITZ, ATTORNEY GENERAL, DEFENDANTS-APPELLANTS. THE COUNTY OF CAMDEN, A BODY POLITIC OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PETER G. VERNIERO, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, IN HIS OFFICIAL CAPACITY AS ADMINISTRATOR OF THE JUVENILE JUSTICE COMMISSION OF THE STATE OF NEW JERSEY, AND CHAIR OF THE EXECUTIVE BOARD OF THE JUVENILE JUSTICE COMMISSION; PAUL DONNELLY, EXECUTIVE DIRECTOR OF THE JUVENILE JUSTICE COMMISSION OF THE STATE OF NEW JERSEY, IN HIS OFFICIAL CAPACITY; THE JUVENILE JUSTICE COMMISSION; AND THE STATE OF NEW JERSEY; WILLIAM FAUVER COMMISSIONER OF DEPARTMENT OF LAW AND PUBLIC SAFETY AND DEPARTMENT OF CORRECTIONS, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided December 10, 1997.

Attorney(s) appearing for the Case

Daisy B. Barreto, Deputy Attorney General, argued the cause for appellants (Peter Verniero, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Barreto and Donald M. Palombi, Deputy Attorneys General, on the briefs).

Robert G. Millenky, County Counsel, argued the cause for respondent The County of Camden (Mr. Millenky, attorney; Mr. Millenky and Donna M. Whiteside, Assistant County Counsel, on the brief).

Michael A. Cifelli, Assistant County Counsel, argued the cause for respondent The County of Hudson (Francis DeLeonardis, Hudson County Counsel, attorney).

Andrew M. Baron, Assistant County Counsel, submitted a letter in lieu of brief on behalf amicus curiae, The County of Union (Jeremiah D. O'Dwyer, Acting Union County Counsel, attorney).

PER CURIAM.

The issue in this case is whether the State must comply with a duly-enacted administrative regulation that requires the transfer of state-sentenced juveniles from county to state facilities within three days. Two counties challenged the State's refusal to transfer their juvenile delinquents within the three-day time period required by the regulation.

The circumstances giving rise to this litigation are that the juvenile detention centers in both...

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