Brady v. Department of Personnel

In attempting to arrive at a proper balance between the interest of civil-service test takers in obtaining review of their test grades and that of the Department of Personnel (DOP) in safeguarding the confidentiality of test questions, the Court concludes that the Appellate Division erred in holding that as a matter of procedural fairness all persons challenging their test scores must be provided with copies of the questions, their answers, and the grading standards. I do not disagree with that aspect of the Court’s opinion.

However, in my view the Court overshoots the mark and tips the…