Amicus Work

Matthew has played a leading role in advancing the law, preserving the integrity of the judicial system and protecting civil rights in New Jersey through his representation of the Association of Criminal Defense Lawyers of New Jersey (ACDL-NJ) as amicus in multiple precedent-setting legal cases.

Matthew’s amicus work has included leading the ACDL-NJ in its high-profile constitutional challenge to the New Jersey’s virtual grand jury and virtual jury selection programs, which were created in response to the COVID-19 pandemic. In the case, the ACDL-NJ argued that the court system overstepped its authority in creating the new program, which sets new technology requirements for grand jury service.

In July 2020, the New Jersey Superior Court’s Appellate Division ruled in favor of the ACDL-NJ in a case in which Essex County prosecutors attempted to subpoena a defense attorney to testify against his client before the grand jury in a murder investigation. Matthew argued in the ACDL-NJ’s amicus brief, that allowing prosecutors to force defense attorneys to testify against their clients would have a chilling effect on their Sixth Amendment right to counsel. Matthew also prevailed in August 2019 on behalf of the ACDL-NJ as amicus in a similar case filed in Bergen County Superior Court in which prosecutors attempted to force a defense attorney to testify before a grand jury in a case involving a defendant accused of attempting to flee prosecution.

In January 2020, Matthew presented arguments to the Jersey Supreme Court in State of New Jersey v. Andrews, a pre-trial appeal on the cutting-edge issue of whether authorities can compel a criminal defendant to disclose the password to a mobile device so they can search its contents. Matthew led a team of Fox attorneys who filed an amicus brief in the case on behalf of the Association of Criminal Defense Lawyers of New Jersey (ACDL-NJ). The case was taken up to the U.S. Supreme Court.