State v. Yolanda Terry and Teron Savoy (A-71-12;
072775)
A confidential marital communication protected under the marital communications privilege does not lose its privileged status by virtue of a wiretap under the New Jersey Wiretapping and Electronic Surveillance Control Act. The Court, however, proposes a crime-fraud exception to the marital communications privilege and, pursuant to the Evidence Act of 1960, transmits it for approval by a joint resolution of the Legislature and for the Governor’s signature.
