JOSEPH VAS v. JOSEPH J. ROBERTS, JR., ETC. A-0399-09T3
Speaker of the New Jersey General Assembly suspended a member's salary and benefits while still holding office but following his indictment for crimes of public corruption. The Assemblyman filed this direct appeal, arguing that the Speaker's unilateral action in withholding a member's constitutionally- guaranteed salary was not legally authorized and therefore ultra vires.We hold that although the Speaker's action was not a final decision of a "state administrative officer" within the meaning of Rule 2:2-3(a)(2), and therefore should have been brought in the Law Division as an action in lieu of prerogative writs (mandamus) pursuant to Rule 4:69-1, we nevertheless elect to exercise our original jurisdiction, Rule 2:10-5, to address a strictly legal issue of general public interest and to avoid further litigation. On the merits, we conclude that the Speaker's unilateral action was without any constitutional or statutory authority and clearly contravened the Assembly's own internal rules for disciplining its members. 3-04-11
