STATE CONFERENCE-NAACP v. HARVEY


885 A.2d 445 (2005)

381 N.J. Super. 155

NEW JERSEY STATE CONFERENCE-NAACP, the Latino Leadership Alliance of New Jersey, Earl Prather, Timothy Strickland, Kareemah Terry, Michael E. Mackason, Dan Thompson, Charles Thomas, Zenon Quiles, Robert Padilla, Armando Ortiz, Christopher Ortiz, Councilwoman Patricia Perkins-Auguste, Councilman Carlos J. Alma, in their own right and as on behalf of all others similarly situated, Plaintiffs-Appellants, v. Peter C. HARVEY, attorney general of New Jersey in his official capacity, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 2, 2005.


Attorney(s) appearing for the Case

Frank Askin argued the cause for appellants (Rutgers Constitutional Litigation Clinic and Southern Regional Office of the American Civil Liberties Union, attorneys; Mr. Askin and Laughlin McDonald, on the brief).

Jeffrey Burstein, Assistant Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Mr. Burstein, of counsel and on the brief).

Craig Levine argued the cause for amicus curiae New Jersey Institute for Social Justice (Lowenstein Sandler, attorneys; Mr. Levine and Nancy Fishman, of counsel, and Barbra Spillman Schweiger and Jason E. Halper, on the brief).

Derek S. Tarson, New York, NY, argued the cause for amici curiae Criminologists (Debevoise & Plimpton, attorneys; Sean Mack, on the brief).

Before Judges COBURN, COLLESTER, and LISA.


The opinion of the court was delivered by

COBURN, P.J.A.D.

Relying solely on the New Jersey Constitution, plaintiffs filed a complaint in the Chancery Division seeking to invalidate a statute on the ground that it denied African-Americans and Hispanics equal protection of the law. The statute, which plaintiffs properly concede is specifically authorized in Article II of the New Jersey Constitution, prohibits from voting all people on parole or probation for...

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