H. Russell Morss, Jr., Union County Prosecutor, Plaintiff-Appellant and Cross-Respondent v. Malcolm S. Forbes…

Summary

The Supreme Court of New Jersey affirmed the lower court's ruling that R.S. 52:13-3, which compels witnesses before a legislative committee to answer questions deemed proper and pertinent, is constitutional. The Court held that the legislative committee may compel the prosecutor to disclose information about wiretapping activities, and that no informer privilege applies to the prosecutor’s wiretap records. A dissent argued that the statute infringes separation of powers, while concurring opinions agreed with the result but emphasized the need for executive oversight.