State v. Brimage

In State v. Brimage, 153 N.J. 1, 706 A.2d 1096 (1998), the Court held that the Attorney General's prior guidelines regarding the waiver of mandatory periods of parole ineligibility in drug cases, under which individual county prosecutors were allowed to adopt standard plea offers that were more stringent than the Attorney General's statewide minimums, failed to comply with "the requirements of the Vasquez line of cases." 153 N.J. at 23, 706 A.2d 1096. The Court stated that "the Attorney General's Guidelines fail to appropriately channel prosecutorial discretion, thus leading to arbitrary and unreviewable differences between different localities." Ibid. The Court concluded that to cure this deficiency, "the plea agreement guidelines for N.J.S.A. 2C:35-12 must be consistent throughout the State." Ibid.