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YURICK v. STATE

875 A.2d 898 (2005)

184 N.J. 70

Andrew N. YURICK, Plaintiff-Respondent, v. STATE of New Jersey; The Honorable James E. McGreevey, Governor, State of New Jersey; and David Samson, Attorney General, State of New Jersey and Gloucester County Board of Chosen Freeholders, jointly and severally, and in their official and individual capacities, Defendants-Appellants.

Supreme Court of New Jersey.

Decided June 22, 2005.

Attorney(s) appearing for the Case

Larry R. Etzweiler, Senior Deputy Attorney General, argued the cause for appellants State of New Jersey, Honorable James E. McGreevey and David Samson (Peter C. Harvey, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel).

William M. Tambussi, Westmont, argued the cause for appellant Gloucester County Board of Chosen Freeholders (Brown & Connery, attorneys; Mr. Tambussi and Ila Bhatnagar, on the briefs).

Linda Wong, Princeton, argued the cause for respondent (Wong Fleming, attorneys; Ms. Wong and Henry Oh, Los Angeles, CA, on the brief).

Justice LaVECCHIA delivered the opinion of the Court.

This is an unusual case. The plaintiff, a former county prosecutor, asserts that the Governor, the Attorney General and the State of New Jersey violated the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, when they exercised their statutory power to supersede him as prosecutor after the expiration of his five-year term and that county officials similarly violated CEPA when they underfunded...

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