STUDENT PUBLIC INT. RESEARCH GROUP v. BYRNE


86 N.J. 592 (1981)

432 A.2d 507

STUDENT PUBLIC INTEREST RESEARCH GROUP OF NEW JERSEY, A BODY CORPORATE, ALLEN GOLDBERG AND ISABELLE SAYEN, PLAINTIFFS-RESPONDENTS, v. BRENDAN BYRNE, GOVERNOR OF THE STATE OF NEW JERSEY, BARBARA CURRAN, COMMISSIONER OF THE BOARD OF PUBLIC UTILITIES OF THE STATE OF NEW JERSEY, AND GEORGE BARBOUR, PRESIDENT OF THE BOARD OF PUBLIC UTILITIES OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 20, 1981.


Attorney(s) appearing for the Case

Michael R. Cole, Assistant Attorney General, argued the cause for appellants (James R. Zazzali, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, of counsel; Helen G. Bornstein, Deputy Attorney General, on the brief).

Edward L. Lloyd argued the cause for respondents.


The opinion of the Court was delivered by CLIFFORD, J.

This case presents a constitutional test of the validity of defendant Barbara Curran's appointment as a Commissioner of the Board of Public Utilities (BPU). At issue is the proper interpretation of Article IV, section V, paragraph 1 of the New Jersey Constitution of 1947. That paragraph, commonly known as the ineligibility clause, reads in pertinent part as follows:

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