Harvey Weissbard Comments on Barlyn v. Dow for Law 360

Harvey Weissbard, of Counsel, is quoted in Law 360’s article on the appellate decision in Barlyn v. Dow which was issued on May 7. In that case a former Hunterdon County assistant prosecutor sued former Attorney General Dow and the state for wrongful termination, claiming he was fired for protesting the allegedly political dismissal of indictments against former Hunterdon County Sheriff Deborah Trout and two subordinates. The appellate court reversed an order in the civil case requiring the release of grand jury materials from the Trout matter, finding that Barlyn had failed to show a particularized need.

Mr. Weissbard noted that the court's analysis of Barlyn's alleged need for grand jury transcripts, exhibits and other documents versus their inherent secrecy was largely a straightforward application of the Doliner case. He also commented that “Judge Messano probably got it right, that it was … premature and that there hadn't been enough discovery.”

Mr. Weissbard served as a Judge of the Superior Court of New Jersey, Appellate Division for eight years and, prior to that, served as a trial judge in the Criminal Division.