The New Jersey attorney general generally has a duty to defend a state employee sued under the Law Against Discrimination and bears the burden of explaining her reasons for not doing so, the state Supreme Court said last week.
However, a denial of representation is an administrative decision, reviewable by the Appellate Division, and should not be reversed unless it is arbitrary, capricious, or unreasonable or not supported by substantial credible evidence, the justices held in Prado v. New Jersey, A-33-05.
