James P. Vreeland, Jr., Plaintiffs-Respondents v. Hon. Brendan T. Byrne

Summary

The Supreme Court of New Jersey held that the 1974 salary increase statute, by excluding legislators from the salary raise, constitutes special legislation prohibited by the state constitution and must be excised; consequently Senator Stephen B. Wiley’s nomination to the Supreme Court is invalid under the ineligibility clause of N.J. Const. Art. 4, §5, ¶1. The Court affirmed the trial court’s judgment and directed removal of N.J.S.A. 2A:1A‑8. The decision was contested by three dissenting opinions arguing that the statute is a permissible classification and that the appointment should stand.