Legal Opinion

Butler v. Amato

New Jersey Superior Court Appellate Division

Decided March 23, 1988PublishedCited by 3 opinions

1Opinion of the Court

The opinion of the court was delivered by

PRESSLER, P.J.A.D.

This controversy requires us to determine the term of office of a county jail warden appointed to fill a vacancy caused by the death of a tenured incumbent. The issue is whether the appointment is for a new three-year term pursuant to N.J.S.A. 30:8-15 or for the extrapolated balance of his predecessor’s term. The trial judge concluded that the appointment is for the “balance” of the predecessor’s term. We disagree and, accordingly, reverse.

The essential facts are set out at length in the trial court’s opinion, 220 N.J.Super. 409 (Law…

2Cases cited8 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. Branti v. FinkelSupreme Court of the United States · 1980
  3. State v. State Supervisory Employees AssociationSupreme Court of New Jersey · 1978
  4. Skripek v. BergamoNew Jersey Superior Court Appellate Division · 1985
  5. Monte v. MilatNew Jersey Superior Court Appellate Division · 1952

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Morgan v. Union CountyNew Jersey Superior Court Appellate Division · 1993
  2. State v. ManzieNew Jersey Superior Court Appellate Division · 2000
  3. Butler v. AmatoNew Jersey Superior Court Appellate Division · 1989

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