In the Matter of Herschel Kozlov, Esquire, Charged With Contempt of Court

Summary

The Supreme Court of New Jersey reversed Attorney Herschel Kozlov's contempt conviction, holding that the attorney‑client privilege extends to the identity of his client in the circumstances and that the trial court erred by not first seeking less intrusive evidence before imposing contempt. The Court remanded for further inquiry into the juror's possible bias and for any appropriate new‑trial proceedings. Justice Handler, in a concurring opinion, agreed with the result but expressed reservations about extending the privilege to conceal a client’s identity.