In Landmark Ruling, N.J. Supreme Court Rules for County in Bigley Application

CREST HAVEN — The New Jersey Supreme Court on July 28 unanimously reversed an Appellate Court decision on a Bigley application brought against the Cape May County by its prosecutor, Robert Taylor. Having far-reaching implications for counties throughout the state, the decision establishes a new legal standard for all future Bigley applications brought by county prosecutors and the Attorney General’s offices.
“After three years of wrestling with this issue and being unsuccessful with the trial judge and appellate division, I am delighted that the Supreme Court has validated the county’s position, ” stated Freeholder Vice-Director Ralph E. Sheets, Jr. in a release. He expressed pleasure in the decision.
The county maintained throughout trial and before the Appellate Division that the statute authorizing Bigley applications specifically required prosecutors to demonstrate that their requests were necessary for the “detection, arrest, indictment and conviction of offenders.” The trial court and Appellate Division used a lower “reasonably appropriate” standard rather than a higher “reasonably necessary” standard in their application of the statute.
Citing both Webster’s and Black Law’s dictionaries in its decision, the Supreme Court ruled that the Legislative intent of the statute was to define necessary as “reasonably required” or “needed to bring out a certain effect or result.”
In its decision, the court confirmed the county’s position that the prosecutor did not meet this heightened standard.
The case started in 2006 when the prosecutor filed a Bigley application to receive additional funding beyond the county’s budgetary appropriation. Although most of the funding requests originally brought by Taylor were resolved with the county, the remaining issue heard by the court pertained to salary increases of the assistant prosecutors, agents, a chemist, the chief of detectives and the first assistant prosecutor.
The county contended that the salary increases weren’t necessary since the prosecutor had no difficulty recruiting and retaining the employees. They also weren’t necessary for him to carry out the statutory responsibilities of his office. The lower courts ruled in favor of the prosecutor, maintaining that the salary increases were appropriate.
In today’s decision, the Supreme Court reversed the lower courts for all employees except the chief of detectives and first assistant prosecutor. The court remanded those two salaries back to the trial judge to review the Prosecutor’s request using the new legal standard of “reasonably necessary” and not merely appropriate.
In its Supreme Court appeal, Cape May County was joined by numerous other counties as well as the New Jersey Association of Counties. It is the first case a county has ever won a reported Bigley application.
The case also represents a major victory for the New Jersey Association of Counties (NJAC) who argued the case in support of Cape May County as a “Friend of the Court”. Celeste Carpiano, Executive Director of NJAC said, “I am very pleased that the Supreme Court recognized the balance between necessary funding for prosecutors’ offices and the budgetary constraints and CAP laws confronting county governments.”
“We are very grateful to all the counties throughout the state and especially the New Jersey Association of Counties for the support they gave Cape May County in this case,” Sheets concluded.