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COUNTY OF HUDSON v. DEPARTMENT OF CORRECTIONS

300 N.J. Super. 389 (1997)

THE COUNTY OF HUDSON, PLAINTIFF-APPELLANT, 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-RESPONDENTS. THE COUNTY OF CAMDEN, A BODY POLITIC OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, 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-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 2, 1997.

Attorney(s) appearing for the Case

Francis DeLeonardis, Hudson County Counsel, attorney for appellant County of Hudson (Michael A. Cifelli, Assistant County Counsel, on the brief).

Peter Verniero, Attorney General of New Jersey, attorney for respondents Department of Corrections et al. (Joseph L. Yannotti and Jeffrey J. Miller, Assistant Attorneys General, of counsel; Daisy B. Barreto, Deputy Attorney General, on the brief).

Robert G. Millenky, County Counsel, attorney for appellant County of Camden (Donna M. Whiteside, Assistant County Counsel, on the brief).

Peter Verniero, Attorney General of New Jersey, attorney for respondents Peter G. Verniero, et al. (Joseph L. Yannotti, Assistant Attorney General, of counsel; Daisy B. Barreto, Deputy Attorney General, on the brief).

Before Judges SHEBELL, BAIME and P.G. LEVY.

The opinion of the court was delivered by SHEBELL, P.J.A.D.

These appeals come to us by different procedural avenues, although both involve the continuous failure of the Juvenile Justice Commission ("JJC"), with the assent of the Attorney General, to comply with the demands of Hudson and Camden Counties to remove certain State-sentenced juvenile offenders from their respective County Youth Detention Centers. Identical issues of the continued viability of our decision...

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