Worthington v. Fauver

The opinion of the Court was delivered by

PASHMAN, J.

To alleviate the potentially disastrous overcrowding of inmates in state and county correctional institutions, the Governor issued Executive Order No. 106 on June 19, 1981. In promulgating the order, the Governor invoked his emergency powers under the Civil Defense and Disaster Control Act, N.J.S.A. App.A:9-30 et seq. This temporary emergency measure granted to the Commissioner of Corrections the authority to direct that county correctional facilities house prisoners sentenced to state institutions. The Commissioner was also given the power…