Chief Justice: Court must protect rights of citizens Zazzali says court likely to hear eminent domain case in future BY LORI ANNE OLIWA Correspondent Chief Justice James R. Zazzali LINCROFT - Brookdale Community College played host on Feb. 8 to Chief Justice James R. Zazzali of the New Jersey Supreme Court. Zazzali was appointed by Gov. Jon Corzine and began his term as chief justice on Oct. 26. Dr. Peter C. Burnham, president of Brookdale, introduced Zazzali to a standing-room-only crowd of students, professors, community leaders and private citizens. Commenting on the enthusiasm of the crowd, Zazzali said, "I am impressed with Brookdale College and the passion and ambition of the students." He added, "The day is turning out to be much better than I thought. I was actually nervous and almost afraid to come to an academic environment." Zazzali, a Rumson resident, is well regarded for his legendary sense of humor and easygoing personality. Elsie Popnik, a Middletown resident and former employee of the chief justice when he was an attorney in private practice, said, "I've never worked for a finer or more ethical person. He is honest and just a wonderful person with a great sense of humor and quick wit." Zazzali started his lecture with a short history of the N.J. Supreme Court and briefly explained that the court was not always well regarded. "In the early part of the century, the system of judges in New Jersey was considered one of the worst in the country for many reasons." He explained that a constitutional convention was convened to address the problems of the courts. "Everything changed after the convention," Zazzali stated, "with an entirely new judiciary in place," he added. "Clearly, the New Jersey Supreme Court is one of the best now and enjoys a national reputation of integrity and excellence with enormous powers." While defining the role of the highest court in New Jersey, Zazzali said that an important part of his lecture would be to demystify what the court actually does. "Cases don't automatically get to the court. A case must be deemed worthy after going through the intermediary Appellate Court system. Then, a petition must be filed to show why justice was not carried out." Zazzali added that the court hears only about 8 percent of cases. He said, "In 2006, the court took 1,500 cases." Once the court gets a case, the chief justice explained that individualized attention is given to every case, and a tremendous amount of work ensues. "Every one of our cases gets personal attention from the justices. Law clerks do not make the decisions. What we do is an arduous process," he emphasized. Zazzali was also quick to dispel the myth that politics plays a role in the way justice is administered. "There is no division along party lines. Politics don't enter the equation," he said, adding, "In New Jersey, justices are appointed, not elected. That eliminates problems of a political nature." He used the Bob Torricelli campaign case as an example and said, "There was no dissent in that case, and the vote was 7-0." The chief justice also explained that the court is currently composed of Democrats, Republicans and independents, and said, "No more than four members of any party can serve." Zazzali made some further clarifications and explained, "The court does not make the laws, it interprets the laws." In an interview, Zazzali was asked what he believes the most important role of the court is, and responded, "The role of the court is to make sure that the administration of justice is fair and equal for all citizens." He also commented in the interview on what he would like his legacy to be. "I would like people to remember that I worked hard, protected the reputation of the court, and maintained fairness in my administrative decisions and judicial opinions." At the Brookdale lecture, Zazzali highlighted some of the issues and cases that have come before the court in the past : civil rights cases, discrimination cases, the right to a fair trial, civil unions, privacy issues, affordable housing and educational rights. "There is a wide spectrum of cases before the court, but not every case is a landmark case. Some are just the routine carriage of justice," he said. When a member of the audience asked about individual cases of particular interest to him, the chief justice said, "Fairness cases interest me. It is a simple word." He used the example of a fairness case involving an illegal alien who had been living, working and paying taxes in Monmouth County and who was injured as a passenger in an automobile accident. "Neither vehicle was insured, but $38,000 in damages ensued," Zazzali said. He added, "The lower court ruled that this individual was not entitled to compensation as a nonresident. I took the case and ruled as a matter of fairness that he was a resident and therefore entitled to compensation." The chief justice also mentioned search and seizure cases, and stated, "Citizens should not be subjected to carte blanche where police searches are concerned. The court has subjected searches and seizures to a more rigid set of rules. There is clearly a need for balance; government's role is to protect the safety and security of citizens," he added. When asked about future cases that might come before the court, the chief justice said, "Eminent domain will be coming up, a very controversial issue, particularly in Monmouth County." Chief Justice Zazzali is the seventh chief justice to lead the New Jersey Supreme Court and was first appointed by Gov. Christine Todd Whitman in May 2000. In 2006, Gov. Jon Corzine elevated him to the rank of Chief Justice, and the N.J. Senate confirmed his confirmation in October 2006. A Newark native, Zazzali attended Seton Hall Preparatory School and graduated from Georgetown College in 1958 and Georgetown Law Center in 1962. He is admitted to the New Jersey, New York and District of Columbia bars. He practiced law in Newark and Trenton in the firm founded by his late father and his brother, Zazzali, Fagella & Nowak. Zazzali served as chief of the Appeals Division of the Office of the Essex County Prosecutor; general counsel to the New Jersey Sports and Exposition Authority; chairman of the New Jersey State Commission of Investigation; vice chairman of the Disciplinary Review Board, and as New Jersey attorney general. He was appointed by the U. S. District Court as special master for the county jails in Essex, Monmouth and Bergen counties. He also served, at the request of the U.S. State Department, on delegations to the United Nations conferences. He is a former adjunct professor at Seton Hall Law School, former associate editor of the New Jersey Law Journal, and a contributor to various magazines, newspapers and law journals.