The Appellate Division Denies a Stay Pending Appeal in DePascale

On November 18, an Appellate Division panel consisting of Judges Carchman, Fisher and Nugent denied the State’s motion for a stay pending the appeal, now before the Supreme Court on direct certification, of the Law Division’s ruling against the State in this case.  In a three-page, single-spaced ruling, signed by Judge Carchman, the panel applied the four-factor test of Crowe v. DiGioia, 90 N.J. 126, 133 (1982), in considering the stay request.  The panel focused on the final Crowe factor– “whether the public interest will be harmed by the stay.”

The judges found harm.  “The public’s interest in maintaining a strong and independent judiciary is imperiled by any violation of N.J. Const. art. VI, § 6, ¶ 6, no matter how extensive and regardless of its duration.  The fourth prong of Crowe, which we are obligated to address on this application, speaks directly to this consideration and compels a denial of the State’s motion.  The issue now before our State’s highest court is whether such a violation has occurred here, an issue that the Court will resolve in its ultimate decision.”

The Supreme Court has set an accelerated schedule for this matter.  For now, the State cannot make additional deductions from judges’ pay.  But all sides, and the public, will know soon enough whether such deductions can ultimately go forward.