Matter of Warren

This case is before us on appeal as of right under Rule 2:2-l(a)(2) because of a disagreement among the Appellate Division members over whether the Merit System Board had properly determined that a period of suspension, and not removal, was the appropriate discipline for a prison guard. The dissent concerns only the discipline of John E. Warren, one of the parties charged.

All agree that a court may not contravene the Board’s measure of discipline unless the court finds that the Board’s action was arbitrary and capricious. This shorthand expression for the scope of judicial review really…