McGreevey lawsuit dismissed

TRENTON — A federal judge on Wednesday dismissed a lawsuit filed against Gov. James McGreevey by two Princeton-area lawyers, Bruce Afran and Carl Mayer '81, who had asked for an immediate special election to determine an interim governor.

Afran said he was "shocked and puzzled" by Judge Garret Brown Jr.'s decision in federal district court and will take the case to the state court.

The plaintiffs, both members of the Green Party, argue that McGreevey effectively resigned Aug. 12 when he publicly announced he was a homosexual and would leave his post on Nov. 15.

Under New Jersey's state constitution, if McGreevey resigned more than 60 days before the general election and created a "vacancy," a special election would be held on Nov. 2 to determine his successor.

At the center of the debate is whether McGreevey's verbal announcement created a vacancy in the governor's office.

Afran and Mayer affirm that it did, and called McGreevey's subsequent appointment of fellow Democrat Senate President Richard Codey an abrogation of the public's right to choose their executive officer.

"[McGreevey] manipulated the power of the office," Afran said.

But federal judge Brown disagreed.

"Words should be interpreted according to the plain and normal meaning of the language," Brown said in his decision.

He cited the definition of "vacancy" in at least three dictionaries and concluded that according to every source, the governor's office was not vacant.

"Under the plain-language definition of vacancy, the requirement of holding a special election does not arise," Brown said.

The state courts may expand the definition of "vacancy" beyond its plain meaning, the judge said, but that issue could not be resolved in the current federal lawsuit.

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Afran criticized the court's ruling, calling it "inexplicable."

"I was shocked to find a judge of the United States federal courts willing to put a dictionary above the constitution," Afran said.

He also said he did not understand why Brown decided to rule on the case. The judge acknowledged it fell within federal jurisdiction, but deferred the decision of whether McGreevey's actions created a "vacancy" to the state courts.

"The court stands on both sides of the street and did not want to hear my application," Afran said.

Immediately after the judge announced his decision, Afran rose from his seat to file an oral application to reconsider.

Brown denied his request and reminded Afran that he had studied the briefs for a full week.

Stephanie Brand, an attorney representing McGreevey, called the lawsuit a "little case," and said "the judge's ruling made a lot of sense."

"That kind of clarity is not a technicality," Brand said.

The plaintiffs said they remain hopeful their case will succeed in the state courts and expect a hearing Monday.

Unless the state court orders a special election, Codey will take over McGreevey's post in November and hold office until the term expires in January 2006.