Jacobs v. Stephens

The Department of Corrections disciplinary hearing implicated by this appeal violated the departmental regulation mandating that inmates be afforded not less than twenty-four hours between notification of charges and commencement of the hearing for the purpose of preparing a defense. N.J.A.C. 10A:4-9.2. Although the issue was not raised, the hearing also violated N.J.A.C. 10A:4-9.12, which requires that “counsel substitutes” be afforded “at least 24 hours to prepare the inmate’s defense.” The record suggests that appellant’s counsel-substitute met with appellant for the first time a few…