Daniel Prado, Plaintiff v. State of New Jersey, New Jersey Department of Labor, Leonard Katz, Linda Chesko, Martin…

Summary

The Supreme Court held that appeals of the Attorney General's denial of representation to a state employee must be taken to the Appellate Division, not the Law Division, and that the Attorney General must provide a defense unless it is more probable than not that an exception under N.J.S.A. 59:10A-2 applies. The Court also set the standard for the Attorney General's decision and required a prompt written explanation of any denial.