executive privilege in New Jersey

6 New Jersey opinions name it 2 courts 1978–2009 0 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 (1)

Case	Followed	Cited
United States v. Nixongreen scotus · 1974 · cited in 4 New Jersey opinions naming this issue, 1978–1984 2 sentences 1984And, of course, the executive privilege asserted by the President was overruled in United States v. Nixon, 418 U.S. 683, 709 , 94 S.Ct. 3090, 3018 , 41 L.Ed. 2d 1039, 1064 (1974). 567 We believe that these principles apply with equal force here. 1984And, of course, the executive privilege asserted by the President was overruled in United States v. Nixon, 418 U.S. 683, 709 , 94 S.Ct. 3090, 3018 , 41 L.Ed. 2d 1039, 1064 (1974). 567 We believe that these principles apply with equal force here.	2	4

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

Case	Cited	Years
Nero v. Hyland green nj · 1978 2 sentences 2009N.J.S.A. 47:1A-9b provides, in part, that the provisions of OPRA "shall not abrogate or erode any executive ... privilege... heretofore established or recognized by the Constitution of this State, statute, court rule or judicial case law, which privilege... may duly be claimed to restrict public access to a public record or government record." The doctrine of executive privilege was recognized by our Supreme Court in Nero v. Hyland, 76 N.J. 213, 225 , 386 A. 2d 846 (1978). 2009N.J.S.A. 47:1A-9b provides, in part, that the provisions of OPRA "shall not abrogate or erode any executive ... privilege... heretofore established or recognized by the Constitution of this State, statute, court rule or judicial case law, which privilege... may duly be claimed to restrict public access to a public record or government record." The doctrine of executive privilege was recognized by our Supreme Court in Nero v. Hyland, 76 N.J. 213, 225 , 386 A. 2d 846 (1978).	1	2009–2009
North Jersey Newspapers Co. v. Passaic County Board of Chosen Freeholders green nj · 1992 2 sentences 2009Our Supreme Court, in addressing the "official information" privilege, not the executive privilege, wrote that: there may be timesand they may be the most critical timeswhen a government official will have to make a telephone call that has an arguable claim to confidentialitytimes when, for example, a mayor might need to call a city council member from an opposing political party on a most highly sensitive community issue to enlist that person's support; 1135 or times when a mayor might need to call a community activist to calm troubled waters, without causing disruption that might result 2009Our Supreme Court, in addressing the "official information" privilege, not the executive privilege, wrote that: there may be timesand they may be the most critical timeswhen a government official will have to make a telephone call that has an arguable claim to confidentialitytimes when, for example, a mayor might need to call a city council member from an opposing political party on a most highly sensitive community issue to enlist that person's support; 1135 or times when a mayor might need to call a community activist to calm troubled waters, without causing disruption that might result	1	2009–2009
River Edge Savings and Loan Ass'n v. Hyland green njsuperctappdiv · 1979 2 sentences 2008River Edge Sav. & Loan Ass'n v. Hyland, 165 N.J.Super. 540, 544 , 398 A. 2d 912 (App.Div.), certif. denied, 81 N.J. 58 , 404 A. 2d 1157 (1979). 2008River Edge Sav. & Loan Ass'n v. Hyland, 165 N.J.Super. 540, 544 , 398 A. 2d 912 (App.Div.), certif. denied, 81 N.J. 58 , 404 A. 2d 1157 (1979).	1	2008–2008
RIVER EDGE SAVINGS & LOAN ASSOCIATION v. Hyland green nj · 1979 2 sentences 2008River Edge Sav. & Loan Ass'n v. Hyland, 165 N.J.Super. 540, 544 , 398 A. 2d 912 (App.Div.), certif. denied, 81 N.J. 58 , 404 A. 2d 1157 (1979). 2008River Edge Sav. & Loan Ass'n v. Hyland, 165 N.J.Super. 540, 544 , 398 A. 2d 912 (App.Div.), certif. denied, 81 N.J. 58 , 404 A. 2d 1157 (1979).	1	2008–2008
In Re Myron Farber green nj · 1978 1 sentence 1979A fortiori a privilege, even that created by the most precise legislation, did not stand against a defendant's Sixth Amendment right to fair trial, as this Court has recently held in In re Farber, 78 N.J. 259 (1978), cert. den.	1	1979–1979

Where else courts name it

CA 20 (1975–2024) MD 19 (1969–2026) PA 12 (1976–2020) NM 11 (1988–2025) VT 8 (1993–2025) IL 6 (1996–2018) NJ 6 (1978–2009) MA 6 (1982–2025) WA 6 (1980–2014) NY 6 (1959–2006) OH 5 (1962–2006) AK 5 (1986–2000) AL 3 (1978–1992) OK 3 (1980–2014) CO 3 (1985–1998) TX 3 (1988–2002) WI 2 (1974–2008) NV 2 (1967–1998) MI 2 (1976–1994) DE 2 (1965–1995) IA 2 (1983–1985) FL 2 (2013–2018)

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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