Trenton -- The Attorney General’s
Office today filed a brief with the Supreme
Court of New Jersey urging the court to reject
a petition for certification to hear a case
upholding a governor’s executive privilege
that was decided unanimously by a three judge
panel of the Appellate Division.
The brief argues that the
Appellate Division decision applied well-established
principles and legal precedents and a review
of the decision by the Supreme Court is not
warranted. The petition for certification
was brought by Republican Party Chairman Thomas
The appellate court found
that Wilson failed to identify a sufficient
reason to overcome the privilege, and held
that the privilege extends to communications
with adversaries and advisors alike. The judges
recognized that a governor should have access
to a broad range of information to fulfill
his or her constitutional responsibilities.
The Appellate Division decision
was issued on Jan. 12. The state’s brief
argues that the decision, by Judges Mary Catherine
Cuff, Clarkson S. Fisher Jr., and Linda G.
Baxter, was consistent with previous decisions
of the Supreme Court and thus the petition
for certification should be denied.