Stuart Rabner
Encyclopedia
Stuart Jeff Rabner is the Chief Justice of the New Jersey Supreme Court
. He has previously served as New Jersey Attorney General
, Chief Counsel to Governor Jon Corzine
, and as a federal prosecutor at the U.S. Attorney's Office for the District of New Jersey.
. He graduated summa cum laude from the Woodrow Wilson School of Public and International Affairs
at Princeton University
and cum laude from Harvard Law School
. He currently resides in Caldwell
. He was married in 1989 to Dr. Deborah Ann Wiener, and has three children (Erica, Carly, & Jack). In June 2007, he was named the No. 1 most influential political personality in the state of New Jersey. In 2010, his name was proposed as a nominee to the U.S. Supreme Court to replace Associate Justice
John Paul Stevens
.
, replacing James R. Zazzali
, who was nearing the mandatory retirement age.
Shortly after the nomination, two members of the New Jersey Senate
from Essex County
, where Rabner resides, blocked consideration of his confirmation by invoking "senatorial courtesy
", a Senate tradition that allows home county legislators to intercede to prevent consideration of a nominee from the counties they represent. State Senator Ronald Rice
had initially blocked the nomination, but relented on June 15, 2007, after a meeting with the governor. Senator Nia Gill
dropped her block on June 19, 2007, but did not initially explain the nature of concerns. (Anonymous lawmakers cited in The New York Times
indicated that the objection was due to Rabner's race and Governor Jon Corzine
's failure to consider a minority candidate for the post.)
With the Senators permitting consideration of his nomination, Rabner was quickly approved by the Senate Judiciary Committee, with Gill casting the only negative vote. On June 21, 2007, the New Jersey Senate confirmed Rabner as Chief Justice by a vote of 36–1, with Gill again casting the lone dissenting vote.
Rabner was sworn in as Chief Justice on June 29, 2007, with Acting Chief Justice Virginia Long
administering the oath of office.
in the cabinet of New Jersey Governor Jon Corzine
. He took office as attorney general on September 26, 2006. Rabner was nominated by Governor Corzine on August 24, 2006, to replace former Attorney General Zulima Farber
who resigned and left office on August 31, 2006. On September 25, 2006, Rabner was confirmed by a 35–0 margin by the New Jersey Senate
.
of the United States District Court for the District of New Jersey.
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
. He has previously served as New Jersey Attorney General
New Jersey Attorney General
The Attorney General of New Jersey is a member of the executive cabinet of the state. The office is appointed by the Governor of New Jersey and term limited...
, Chief Counsel to Governor Jon Corzine
Jon Corzine
Jon Stevens Corzine is the former CEO of Goldman Sachs and of MF Global, and a one time American politician, who served as the 54th Governor of New Jersey from 2006 to 2010. A Democrat, Corzine served five years of a six-year U.S. Senate term representing New Jersey before being elected Governor...
, and as a federal prosecutor at the U.S. Attorney's Office for the District of New Jersey.
Biography
Rabner grew up in Passaic, New JerseyPassaic, New Jersey
Passaic is a city in Passaic County, New Jersey, United States. As of the 2010 United States Census, the city had a total population of 69,781, maintaining its status as the 15th largest municipality in New Jersey with an increase of 1,920 residents from the 2000 Census population of 67,861...
. He graduated summa cum laude from the Woodrow Wilson School of Public and International Affairs
Woodrow Wilson School of Public and International Affairs
The Woodrow Wilson School of Public and International Affairs is a professional public policy school at Princeton University. The school has granted undergraduate A.B. degrees since 1930 and graduate degrees since 1948...
at Princeton University
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....
and cum laude from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
. He currently resides in Caldwell
Caldwell, New Jersey
Caldwell is a borough located in northwestern Essex County, New Jersey, about outside of New York. As of the 2010 United States Census, the borough population was 7,822....
. He was married in 1989 to Dr. Deborah Ann Wiener, and has three children (Erica, Carly, & Jack). In June 2007, he was named the No. 1 most influential political personality in the state of New Jersey. In 2010, his name was proposed as a nominee to the U.S. Supreme Court to replace Associate Justice
Associate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
.
Appointment as Chief Justice
On June 4, 2007, Governor Corzine nominated Rabner to be the next Chief Justice of the New Jersey Supreme CourtNew Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
, replacing James R. Zazzali
James R. Zazzali
James Ronald Zazzali was the Chief Justice of the New Jersey Supreme Court from October 26, 2006 until his retirement on June 17, 2007. He previously served as an associate justice on the Supreme Court from June 14, 2000.-Biography:...
, who was nearing the mandatory retirement age.
Shortly after the nomination, two members of the New Jersey Senate
New Jersey Senate
The New Jersey Senate was established as the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. From 1844 until 1965 New Jersey's counties elected one Senator, each. Under the 1844 Constitution the term of office was three years. The 1947...
from Essex County
Essex County, New Jersey
Essex County is a county located in the northeastern part of the U.S. state of New Jersey. As of the United States 2010 Census, the population was 783,969, ranking it third in the state after Bergen County and Middlesex County; Essex County's population has declined from 786,147 as of the bureau's...
, where Rabner resides, blocked consideration of his confirmation by invoking "senatorial courtesy
Senatorial courtesy
Senatorial courtesy is an unwritten political custom in the United States whereby the president consults the senior U.S. Senator of his political party of a given state before nominating any person to a federal vacancy within that Senator's state. It is strictly observed in connection with the...
", a Senate tradition that allows home county legislators to intercede to prevent consideration of a nominee from the counties they represent. State Senator Ronald Rice
Ronald Rice
Ronald L. Rice is an American Democratic Party politician, who has served in the New Jersey State Senate since 1986, where he represents the 28th Legislative District...
had initially blocked the nomination, but relented on June 15, 2007, after a meeting with the governor. Senator Nia Gill
Nia Gill
Nia H. Gill is an American Democratic Party politician, who has been serving in the New Jersey State Senate since 2002, where she represents the 34th Legislative District....
dropped her block on June 19, 2007, but did not initially explain the nature of concerns. (Anonymous lawmakers cited in The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
indicated that the objection was due to Rabner's race and Governor Jon Corzine
Jon Corzine
Jon Stevens Corzine is the former CEO of Goldman Sachs and of MF Global, and a one time American politician, who served as the 54th Governor of New Jersey from 2006 to 2010. A Democrat, Corzine served five years of a six-year U.S. Senate term representing New Jersey before being elected Governor...
's failure to consider a minority candidate for the post.)
With the Senators permitting consideration of his nomination, Rabner was quickly approved by the Senate Judiciary Committee, with Gill casting the only negative vote. On June 21, 2007, the New Jersey Senate confirmed Rabner as Chief Justice by a vote of 36–1, with Gill again casting the lone dissenting vote.
Rabner was sworn in as Chief Justice on June 29, 2007, with Acting Chief Justice Virginia Long
Virginia Long
Virginia Long is a justice of the New Jersey Supreme Court.- Biography :Virginia Long graduated from Dunbarton College of the Holy Cross in 1963 and Rutgers School of Law—Newark in 1966. She has served as a Deputy Attorney General and was the Director of the New Jersey Division of Consumer...
administering the oath of office.
Attorney general
Rabner served as Attorney General of New JerseyNew Jersey Attorney General
The Attorney General of New Jersey is a member of the executive cabinet of the state. The office is appointed by the Governor of New Jersey and term limited...
in the cabinet of New Jersey Governor Jon Corzine
Jon Corzine
Jon Stevens Corzine is the former CEO of Goldman Sachs and of MF Global, and a one time American politician, who served as the 54th Governor of New Jersey from 2006 to 2010. A Democrat, Corzine served five years of a six-year U.S. Senate term representing New Jersey before being elected Governor...
. He took office as attorney general on September 26, 2006. Rabner was nominated by Governor Corzine on August 24, 2006, to replace former Attorney General Zulima Farber
Zulima Farber
Zulima Farber is the former Attorney General of New Jersey and the first Latina to serve as Acting Governor of New Jersey. She was appointed to the position in 2006 by Governor Jon Corzine...
who resigned and left office on August 31, 2006. On September 25, 2006, Rabner was confirmed by a 35–0 margin by the New Jersey Senate
New Jersey Senate
The New Jersey Senate was established as the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. From 1844 until 1965 New Jersey's counties elected one Senator, each. Under the 1844 Constitution the term of office was three years. The 1947...
.
Other positions
He assumed the post of Chief Counsel to Governor Corzine in January 2006. Previously, Rabner had served as Chief of the Criminal Division of the U.S. Attorney for the District of New Jersey, focusing on public corruption issues, and supervising 100 attorneys and staff. He was viewed as a surprise choice for the chief counsel position, as it traditionally goes to individuals with strong political connections and not to career prosecutors. Rabner began his legal career as a judicial law clerk to the Honorable Dickinson Richards DebevoiseDickinson Richards Debevoise
Dickinson Richards Debevoise is a U.S. Senior District Judge on the United States District Court for the District of New Jersey.-Biography:...
of the United States District Court for the District of New Jersey.
2010–11 Term
- State v. Henderson and State v. Chen (companion cases) – Revised legal standard for assessing eyewitness identification by (1) allowing defendants who demonstrate suggestiveness to present all relevant evidence on identification and (2) requiring more detailed jury charges regarding identification.
- Too Much Media, LLC v. Hale – The "newsperson's privilege" does not extend to a self-described journalist who posted comments on an Internet message board.
- Henry v. Department of Human Services (concurring) – The majority opinion authored by Judge Edwin Stern, serving by temporary assignment to the Supreme Court, is valid law, and Judge Stern's temporary assignment does not violate the state constitution.
- Johnson v. Johnson (concurring) – Disagreement over Judge Stern's temporary assignment to the Supreme Court is not a valid basis for an Associate Justice's decision to abstain from pending cases.
- The Committee to Recall Robert Menendez v. Wells – The federal constitution does not give states the power to recall United States senators, and the portion of the state constitution authorizing such recalls is unconstitutional.
2009–10 Term
- State v. McCabe – Part-time municipal court judges must recuse themselves whenever the judge and a lawyer for a party are adversaries in some other open, unresolved matter.
- Stengart v. Loving Care Agency, Inc. – Attorney-client privilege protects employee's communications with her lawyer even when the statements are made through personal, web-based e-mail on employer-provided laptop.
- State v. J.G. – The cleric-penitent privilege applies when, under the totality of the circumstances, an objectively reasonable penitent would believe that a communication was secret, that is, made in confidence to a cleric in the cleric's professional character or role as a spiritual advisor.
- State v. Marquez – When informing a motorist of the consequences of refusing to submit to a Breathalyzer test, a police officer must provide the statement in a language the person speaks or understands.
2008–09 Term
- State v. Fajardo-Santos – Trial judge may increase bail for undocumented immigrant in criminal case after U.S. Immigration & Customs Enforcement (ICE) begins removal proceedings against defendant.
- Mt. Holly Board of Education v. Mt. Holly Education Ass'n –
- Burnett v. Bergen County – Established seven-factor test for determining whether individual requesting documents under OPRA must pay cost of redacting Social Security numbers from those documents before release.
- State v. A.O. – Forbid uncounseled stipulations admitting defendant's polygraph results; recognized that witness's false criminal accusations may be relevant to witness's credibility regardless of whether made before or after underlying accusation.
- State v. Slater – Established four-factor test for plea withdrawals.
2007–08 Term
- DeNike v. Cupo – Ordered re-trial in case where plaintiff's counsel offered legal job to trial judge while instant case was pending.
- Mason v. Hoboken – Under NJ's Open Public Records Act, requestor of government documents entitled to attorney's fees when they demonstrate (1) a nexus between their litigation and the relief achieved and (2) that the relief had a basis in law.
- Shotmeyer v. N.J. Realty Title Ins. Co. – Insurance policy obtained by general partnership when it purchased the property lapsed when the property was voluntarily conveyed to a separate and distinct partnership formed by the same individuals.
- State v. Luna – Reversed conviction when lack of proof that defendant knowingly waived his right to be present at trial.
- State v. Reid – Citizens have a reasonable expectation of privacy in the subscriber information they provide to Internet service providers.
- State v. Sloane – During a motor vehicle stop, the passenger, like the driver, is seized under the federal and state constitutions.
- State v. Taffaro – Reversed conviction when trial judge's questioning of defendant suggested disbelief of his testimony.
External links
- Chief Justice Stuart Rabner, New Jersey Supreme CourtNew Jersey Supreme CourtThe New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
- New Jersey Attorney General biography, version from Internet ArchiveInternet ArchiveThe Internet Archive is a non-profit digital library with the stated mission of "universal access to all knowledge". It offers permanent storage and access to collections of digitized materials, including websites, music, moving images, and nearly 3 million public domain books. The Internet Archive...
copied as of April 2, 2007 - Stuart Rabner, New Jersey Attorney GeneralNew Jersey Attorney GeneralThe Attorney General of New Jersey is a member of the executive cabinet of the state. The office is appointed by the Governor of New Jersey and term limited...