Robert Wilentz
Encyclopedia
Robert Nathan Wilentz was Chief Justice
of the New Jersey Supreme Court
from 1979 to 1996, making him the longest-serving Chief Justice since the Supreme Court became New Jersey's highest court in 1948.
, was Attorney General of New Jersey in 1935, when he prosecuted Bruno Hauptmann
for the kidnap and murder of the son of Charles Lindbergh
, the aviator. The elder Wilentz also founded the New Jersey law firm of Wilentz, Goldman and Spitzer.
Robert Wilentz was raised in Perth Amboy, New Jersey
. He graduated from Harvard University
and received his law degree from Columbia Law School
. He married Jacqueline Malino (1928 – March 29, 1989) in 1949 and they had three children, James Robert, Amy and Thomas. He was elected to the New Jersey General Assembly
in 1965 and 1967, but chose not to seek a third term. He also practiced law with the firm founded by his father.
Wilentz was appointed Chief Justice by Democratic Governor Brendan Byrne
in 1979. He was reappointed in 1986 by Republican Governor Thomas Kean
, but there was a confirmation battle in the New Jersey Senate
. After a contentious debate that involved charges of judicial activism on the part of Wilentz and his court, the chief justice was confirmed by a vote of 21 to 19.
Wilentz retired July 1, 1996, stating that he could no longer carry out his duties due to advanced cancer
. He died several weeks later, on July 23, 1996. He would have reached the mandatory retirement age in February 1997.
, which invalidated a surrogate motherhood contract.
Another of the notable judgements by Wilentz was in State v. Kelly
, 91 N.J. 178 (1984), a Supreme Court of New Jersey
case
where the defendant, Gladys Kelly, was on trial for the murder of her husband, Ernest Kelly with a pair of scissors. The Supreme Court remanded the case for further trial after finding that expert testimony regarding the defence's submission, that Kelly suffered from battered woman syndrome
, was incorrectly excluded since battered woman syndrome was a proper subject for expert evidence.
The second Mount Laurel opinion, in 1983, was also important. The earlier Mount Laurel decision (1975) established a basic principle: that municipalities had to provide low- and moderate-income housing for residents. But finding that towns had done little or nothing since the earlier decision to carry out the intent of the court’s will, Chief Justice Wilentz wrote Mount Laurel II. This landmark decision instructed the lower courts to come up with firm, quantifiable targets for every town and village in the state. Mount Laurel II also declared that if a town or village did not have a realistic, implementable plan to meet its fair share, the courts could override local governments and grant approvals or what it called a "builder’s remedy" or incentive to those developers who proposed to incorporate a "substantial number" of affordable housing units into their projects. In a historic, and memorable, footnote, the court suggested that 20 percent affordable housing was a "reasonable minimum" for a municipality.
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
from 1979 to 1996, making him the longest-serving Chief Justice since the Supreme Court became New Jersey's highest court in 1948.
Biography
Wilentz's father, David T. WilentzDavid T. Wilentz
David Theodore Wilentz was the Attorney General of New Jersey from 1934 to 1944. In 1935 he successfully prosecuted Bruno Hauptmann in the Lindbergh kidnapping trial...
, was Attorney General of New Jersey in 1935, when he prosecuted Bruno Hauptmann
Bruno Hauptmann
Bruno Richard Hauptmann was a German ex-convict sentenced to death for the abduction and murder of the 20-month-old son of Charles Lindbergh and Anne Morrow Lindbergh. The Lindbergh kidnapping became known as "The Crime of the Century".-Background:Hauptmann was born in Kamenz in the German Empire,...
for the kidnap and murder of the son of Charles Lindbergh
Charles Lindbergh
Charles Augustus Lindbergh was an American aviator, author, inventor, explorer, and social activist.Lindbergh, a 25-year-old U.S...
, the aviator. The elder Wilentz also founded the New Jersey law firm of Wilentz, Goldman and Spitzer.
Robert Wilentz was raised in Perth Amboy, New Jersey
Perth Amboy, New Jersey
Perth Amboy is a city in Middlesex County, New Jersey, United States. The City of Perth Amboy is part of the New York metropolitan area. As of the 2010 United States Census, the city population was 50,814. Perth Amboy is known as the "City by the Bay", referring to Raritan Bay.-Name:The Lenape...
. He graduated from Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
and received his law degree from Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
. He married Jacqueline Malino (1928 – March 29, 1989) in 1949 and they had three children, James Robert, Amy and Thomas. He was elected to the New Jersey General Assembly
New Jersey General Assembly
The New Jersey General Assembly is the lower house of the New Jersey Legislature.Since the election of 1967 , the Assembly has consisted of 80 members. Two members are elected from each of New Jersey's 40 legislative districts for a term of two years, each representing districts with average...
in 1965 and 1967, but chose not to seek a third term. He also practiced law with the firm founded by his father.
Wilentz was appointed Chief Justice by Democratic Governor Brendan Byrne
Brendan Byrne
Brendan Thomas Byrne is an American Democratic Party politician from New Jersey, who served as the 47th Governor of New Jersey, from 1974 to 1982.-Early life and education:...
in 1979. He was reappointed in 1986 by Republican Governor Thomas Kean
Thomas Kean
Thomas Howard Kean is an American Republican Party politician, who served as the 48th Governor of New Jersey from 1982 to 1990. Kean is best known globally, however, for his 2002 appointment as Chairman of the National Commission on Terrorist Attacks Upon the United States, widely known as the...
, but there was a confirmation battle in the New Jersey Senate
New Jersey Senate
The New Jersey Senate was established as the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. From 1844 until 1965 New Jersey's counties elected one Senator, each. Under the 1844 Constitution the term of office was three years. The 1947...
. After a contentious debate that involved charges of judicial activism on the part of Wilentz and his court, the chief justice was confirmed by a vote of 21 to 19.
Wilentz retired July 1, 1996, stating that he could no longer carry out his duties due to advanced cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
. He died several weeks later, on July 23, 1996. He would have reached the mandatory retirement age in February 1997.
Notable opinions
One of Robert Wilentz's most famous opinions was In the matter of Baby MBaby M
Baby M was the pseudonym used In re Baby M, 537 A.2d 1227, 109 N.J. 396 for the infant named Sara Elizabeth Whitehead at her birth, and later named Melissa Stern by her father and adoptive mother....
, which invalidated a surrogate motherhood contract.
Another of the notable judgements by Wilentz was in State v. Kelly
State v. Kelly
State v. Kelly, 97 N.J. 178 , is a Supreme Court of New Jersey case where the defendant, Gladys Kelly, was on trial for the murder of her husband, Ernest Kelly with a pair of scissors...
, 91 N.J. 178 (1984), a Supreme Court of New Jersey
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
where the defendant, Gladys Kelly, was on trial for the murder of her husband, Ernest Kelly with a pair of scissors. The Supreme Court remanded the case for further trial after finding that expert testimony regarding the defence's submission, that Kelly suffered from battered woman syndrome
Battered woman defence
The battered woman defense is a defense used in court that the person accused of an assault / murder was suffering from battered person syndrome at the material time. Because the defense is most commonly used by women, it is usually characterised in court as battered woman syndrome or battered wife...
, was incorrectly excluded since battered woman syndrome was a proper subject for expert evidence.
The second Mount Laurel opinion, in 1983, was also important. The earlier Mount Laurel decision (1975) established a basic principle: that municipalities had to provide low- and moderate-income housing for residents. But finding that towns had done little or nothing since the earlier decision to carry out the intent of the court’s will, Chief Justice Wilentz wrote Mount Laurel II. This landmark decision instructed the lower courts to come up with firm, quantifiable targets for every town and village in the state. Mount Laurel II also declared that if a town or village did not have a realistic, implementable plan to meet its fair share, the courts could override local governments and grant approvals or what it called a "builder’s remedy" or incentive to those developers who proposed to incorporate a "substantial number" of affordable housing units into their projects. In a historic, and memorable, footnote, the court suggested that 20 percent affordable housing was a "reasonable minimum" for a municipality.