Fundamental rights to due process are provided in the Bill of Rights to the U.S. Constitution and numerous paragraphs of Article I, “Rights and Privileges,” of the N.J. Constitution. But do these rights exist in New Jersey’s municipal courts?
Judge Henry Friendly, a member of the U.S. Court of Appeals for the Second Circuit and one of America’s preeminent legal scholars of the 20th century, created a list of due process rights in his 1975 article, “Some Kind of Hearing,” in the University of Pennsylvania Law Review. The list was, and remains, influential, and its first item is “1. An unbiased tribunal.”
