Wilentz Testifies To Maintaining 'Split Residence'

July 25, 1986|By Paul Horvitz, Inquirer Trenton Bureau

TRENTON — Chief Justice Robert N. Wilentz said yesterday that he had maintained a ''split residence" for the last 15 years and currently pays income taxes in New Jersey and New York, where he stays, in Manhattan, to care for his cancer-stricken wife.

In six hours of sworn testimony before the state Senate Judiciary Committee, Wilentz somberly delivered a detailed account of his private family affairs, his wife's medical treatment and his living and working habits.

The committee, which will continue questioning Wilentz on Tuesday, is considering whether to recommend to the full Senate that Wilentz be reappointed for tenure on the New Jersey Supreme Court. He was appointed to an initial seven-year term in 1979.

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Wilentz told the panel that although he spends nights in Manhattan, most of his waking hours are spent in New Jersey or commuting in a state car to and

from his Perth Amboy offices. He said he knew of no state law that specifically required him to reside in New Jersey.

At one point, Wilentz referred to his "peculiar split-residence" and said: "Home is in Perth Amboy when I'm in my Perth Amboy apartment. Home is in Deal when I'm at the shore. Home is in New York when I'm in New York with my kids."

New Jersey's chief justice, who heads the seven-member high court and administers the entire state court system, "obviously" should reside in the state, Wilentz testified. He added that he considered himself a New Jersey resident.

"I feel that (New Jersey) is my alliance, that it is my home, that it is my state," said Wilentz, 59, a former Democratic state legislator.

Wilentz already had said that he maintained homes in Manhattan and in the New Jersey towns of Perth Amboy and Deal. Yesterday's testimony was believed to be the first time he had publicly discussed his wife's illness and his tax status.

The question of Wilentz's legal residence was raised yesterday by Republican senators. They asked the committee to seek a legal opinion from the legislature's nonpartisan staff spelling out New Jersey's residency requirement - if any - for judges and whether Wilentz was in compliance. The committee defeated the motion, 5-4, without discussion.

Later, it ordered a staff opinion on how residency is established under New Jersey law, and it asked Wilentz to return Tuesday with his income-tax statements.

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