fair and impartial hearing (New Jersey) · Go Syfert
← New Jersey issues

fair and impartial hearing in New Jersey

17 New Jersey opinions name it 2 courts 1949–2024 1 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Kelly v. Sterrgreen
nj · 1973 · cited in 3 New Jersey opinions naming this issue, 1975–1996
2 sentences

1976See Kelly v. Sterr, 62 N.J. 105, 110 (1973) where the court commented upon the departmental hearing there held that "Certainly defendant was entitled to be tried before a fair and impartial tribunal." This right to a fair and impartial hearing transcends appellant's individual rights.

1975See Kelly v. Sterr, 62 N.J. 105, 110 (1973) where the court commented upon the departmental hearing there held that "Certainly defendant was entitled to be tried before a fair and impartial tribunal." This right to a fair and impartial hearing transcends appellant's individual rights.

23
Laba v. Newark Board of Educationgreen
nj · 1957 · cited in 2 New Jersey opinions naming this issue, 1961–1976
2 sentences

1976Laba v. Newark Bd. of Ed., 23 N.J. 364, 384 (1957).

1961The School Laws contemplate that where the general issue of fitness is presented the *150 original determination should be made locally with ample safeguards on review before the state school authorities and the courts." 23 N.J., at p. 384 .

12
Pt v. Msgreen
njsuperctappdiv · 1999 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024See P.T. v. M.S., 325 N.J.

11
Lepis v. Lepisgreen
nj · 1980 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019Custody and child support orders "may be revised and altered by the court from time to time[,]" N.J.S.A. 2A:34-23, "on a showing of 'changed circumstances.'" Lepis v. Lepis, 83 N.J. 139, 146 (1980) (citations omitted).

11
Ferrari v. Mellebygreen
njsuperctappdiv · 1975 · cited in 1 New Jersey opinions naming this issue, 1996–1996
1 sentence

1996Appellate courts in particular are given the supervisory responsibility, which must never be lightly cast aside, to safeguard these fundamental rights and maintain the public’s respect. [Id. at 586, 342 A.2d 537 .] See also Kelly v. Sterr, 62 N.J. 105, 110 , 299 A.2d 390 (1973).

11
Maxwell v. Board of Commissionersgreen
nj · 1933 · cited in 1 New Jersey opinions naming this issue, 1976–1976
1 sentence

1976The person so charged shall have the right to be represented by counsel and to subpoena witnesses and documentary evidence. [ N.J.S.A. 40A:14-60] Whenever an exempt fireman holds a State, county, municipal or a board of education office not created by the Constitution, he shall hold such office during good behavior and shall not be removed unless for good cause after a fair and impartial hearing, provided he has or shall have served in said office for a term of 3 consecutive years. [ N.J.S.A. 40A:14-64] The exemption certificates and veteran's and firemen's tenure acts have existed for many ye

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
DeStefano v. Washington Tp. neutral
njsuperctappdiv · 1987
2 sentences

2002N.J.S.A. 52:27D-126(b); DeStefano, supra, 220 N.J.Super. at 279 , 531 A.2d 1090 .

2002N.J.S.A. 52:27D-126(b); DeStefano, supra, 220 N.J.Super. at 279 , 531 A.2d 1090 .

21993–2002
In Re Kallen green
nj · 1983
2 sentences

2004In re Kallen, supra, 92 N.J. at 22 , 455 A. 2d at 464 .

2004In re Kallen, supra, 92 N.J. at 22 , 455 A. 2d at 464 .

12004–2004
Merlino v. Borough of Midland Park neutral
njsuperctappdiv · 2001
2 sentences

2002Any subsequent effort to remove him needed to conform with statutory requirements: "for just cause after a fair and impartial hearing." [ Merlino v. Borough of Midland Park, 338 N.J.Super. 436, 441 , 769 A. 2d 1077 (App.Div.2001) (citations omitted).] For those reasons, I dissent.

2002Any subsequent effort to remove him needed to conform with statutory requirements: "for just cause after a fair and impartial hearing." [ Merlino v. Borough of Midland Park, 338 N.J.Super. 436, 441 , 769 A. 2d 1077 (App.Div.2001) (citations omitted).] For those reasons, I dissent.

12002–2002
BD. OF ED. OF MANCHESTER TP. v. Raubinger green
njsuperctappdiv · 1963
1 sentence

2001Any subsequent effort to remove him needed to conform with statutory requirements: “for just cause after a fair and impartial hearing.” Ibid.

12001–2001
State v. Hudes green
njsuperctappdiv · 1974
2 sentences

2001In Hudes , in response to the very same argument made here, Judge Petrella held that "the omission of the forms being sequentially numbered does not appear to deny defendant a fair and impartial test nor deny him access to any materials, and further, no allegation has been made that a failure to sequentially number the forms render the form inaccurate, cause the machine to malfunction, or affected the recording of the breathalyzer reading by the operating officer." Id. at 604 , 321 A. 2d 275 .

2001In Hudes , in response to the very same argument made here, Judge Petrella held that "the omission of the forms being sequentially numbered does not appear to deny defendant a fair and impartial test nor deny him access to any materials, and further, no allegation has been made that a failure to sequentially number the forms render the form inaccurate, cause the machine to malfunction, or affected the recording of the breathalyzer reading by the operating officer." Id. at 604 , 321 A. 2d 275 .

12001–2001
Snyder v. Massachusetts green
scotus · 1934
2 sentences

1991Id. at 108 , 54 S.Ct. at 333 , 78 L.Ed. at 679 .

1991Id. at 108 , 54 S.Ct. at 333 , 78 L.Ed. at 679 .

11991–1991
Carluccio v. Ferber green
njsuperctappdiv · 1952
1 sentence

1983In Carluccio v. Ferber, 18 N.J.

11983–1983
Schroeder v. Board of Chosen Freeholders green
nj · 1973
1 sentence

1976Plaintiff contends, nonetheless, that he was protected by the terms of the Veterans' Act, which prohibits the discharge of veterans holding certain state, county or municipal employment, positions or offices "except for good cause shown after a fair and impartial hearing." That claim must be rejected under the specific holding of Schroeder v. Essex Freeholder Bd., 63 N.J. 124 (1973), clarifying the scope of Perrella v. Jersey City Bd. of Ed., 51 N.J. 323 (1971).

11976–1976
Grimm v. Board of Chosen Freeholders, Sussex neutral
nj · 1937
1 sentence

1976The person so charged shall have the right to be represented by counsel and to subpoena witnesses and documentary evidence. [ N.J.S.A. 40A:14-60] Whenever an exempt fireman holds a State, county, municipal or a board of education office not created by the Constitution, he shall hold such office during good behavior and shall not be removed unless for good cause after a fair and impartial hearing, provided he has or shall have served in said office for a term of 3 consecutive years. [ N.J.S.A. 40A:14-64] The exemption certificates and veteran's and firemen's tenure acts have existed for many ye

11976–1976
Rinaldi v. Mongiello green
njsuperctappdiv · 1949
1 sentence

1976Rinaldi v. Mongiello, supra ; Rinaldi v. Mongiello, 7 N.J.

11976–1976
Rinaldi v. Mongiello green
njsuperctappdiv · 1949
1 sentence

1976Rinaldi v. Mongiello, supra ; Rinaldi v. Mongiello, 7 N.J.

11976–1976
Perrella v. Board of Education of Jersey City green
nj · 1968
1 sentence

1976Plaintiff contends, nonetheless, that he was protected by the terms of the Veterans' Act, which prohibits the discharge of veterans holding certain state, county or municipal employment, positions or offices "except for good cause shown after a fair and impartial hearing." That claim must be rejected under the specific holding of Schroeder v. Essex Freeholder Bd., 63 N.J. 124 (1973), clarifying the scope of Perrella v. Jersey City Bd. of Ed., 51 N.J. 323 (1971).

11976–1976
Fox v. Board of Education of Newark neutral
nj · 1943
1 sentence

1949Plaintiff contends that, because he was not appointed for a definite term, his term of office was coterminus with that of the appointing board and, therefore, by virtue of the 1942 amendment to the Veterans' Tenure Act ( R.S. 38:16-1, as amended by P.L. 1942, c. 83) he is entitled to serve as clerk until he shall be removed "for good cause shown after a fair and impartial hearing." In support of his contention, plaintiff relies upon Fox v. Board of Education of Newark, 129 N.J.L. 349 ( Sup. Ct. 1943); affirmed, 130 N.J.L. 531 ( E.

11949–1949
Fox v. Board of Education of Newark green
nj · 1943
1 sentence

1949Plaintiff contends that, because he was not appointed for a definite term, his term of office was coterminus with that of the appointing board and, therefore, by virtue of the 1942 amendment to the Veterans' Tenure Act ( R.S. 38:16-1, as amended by P.L. 1942, c. 83) he is entitled to serve as clerk until he shall be removed "for good cause shown after a fair and impartial hearing." In support of his contention, plaintiff relies upon Fox v. Board of Education of Newark, 129 N.J.L. 349 ( Sup. Ct. 1943); affirmed, 130 N.J.L. 531 ( E.

11949–1949

Where else courts name it

NY 95 (1914–2020) IL 83 (1942–2026) CA 41 (1933–2024) FL 28 (1989–2023) AZ 19 (1922–2022) PA 18 (1952–2025) OH 18 (1953–2025) NJ 17 (1949–2024) NM 16 (1982–2020) TX 15 (1885–2025) OK 14 (1926–2023) SD 13 (1980–2018) WI 11 (1940–2023) WA 9 (1912–2024) MO 9 (1942–2007) RI 9 (1963–2021) GA 9 (1935–2004) CT 7 (1970–2002) NC 7 (1986–2025) MS 7 (1977–2012) AL 6 (1937–1987) ND 6 (1988–2019) SC 6 (1961–2015) IN 6 (1972–2003) MD 6 (1973–2001) KS 6 (1973–2015) LA 6 (1999–2021) ID 6 (1923–1993) MI 6 (1968–2003) VT 5 (1988–2025) MA 5 (1918–2003) CO 5 (1953–1987) WY 4 (1976–2022) MN 4 (1947–2005) AK 4 (1983–2024) HI 4 (1980–2011) IA 4 (1944–2012) NH 3 (1995–2000) NE 3 (1930–1974) MT 3 (1956–1980) ME 3 (1970–2026) OR 3 (1977–1992) TN 2 (1969–2022) NV 2 (1970–1986) AR 2 (2003–2012) DE 2 (2023–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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