This man for the people is set to fight for underdog again

Ronald Chen has made a career of fighting for underdogs, outcasts, little guys and lost causes, usually taking on government.

He plans to keep doing that in his new job. Only now he'll be working for the state.

The 47-year-old dean for academic affairs at Rutgers University School of Law-Newark is set to become the state's first Public Advocate since the office was disbanded 12 years ago by Gov. Christie Whitman's administration.

Gov. Jon Corzine's nominee is expected to appear before the state Senate Judiciary Committee in the coming days for what likely will be a contentious confirmation hearing. Republicans never cared for the office and some of them don't especially like what they know of Chen's political leanings.

The Public Advocate is expected to be a watchdog who takes on powerful state and local agencies, even the governor if necessary, to protect the public.

Through his involvement with Rutgers' Constitutional Litigation Clinic and his longtime affiliation with the American Civil Liberties Union, Chen has often gone to court to challenge government actions.

Republicans on the committee say they will take a close look at Chen's record.

"Ron Chen has a record that is to the left of many in New Jersey," said Sen. Joseph Kyrillos (R-Monmouth), one of four Republicans on the 11-member committee. He said he found Chen smart and fair-minded during a recent meeting, but added, "I don't like the office, institutionally. And I have obvious disagreements with him on a host of issues."

Supporters say Chen is not an ideologue -- that his arguments in controversial cases are always grounded in law, not wishful thinking. They note he is friends with and supports the nomination of conservative Judge Samuel A. Alito Jr. to the U.S. Supreme Court. And they say his talent for management is evidenced by the fact he has run the day-to-day operations of the law school for a decade.

"They just don't come any smarter or more committed to justice and equality," said Deborah Jacobs, executive director of the state chapter of the ACLU, who has worked with Chen on a number of recent cases. "Most people who are dedicating themselves to the pursuit of justice want to do just that. Ron ... gets that you have to take care of your housework, too."

In its 20-year existence, the Public Advocate's office helped parents of children with mental disabilities get services, successfully sued to lower beach fees and increase affordable housing in suburbs, and challenged utility rate increases, saving ratepayers millions.

Whitman disbanded the office, eliminating 27 jobs and saving about $1 million a year. She said the state couldn't afford to pay for one agency to sue another.

PART OF THE RECORD

Chen, who did not return calls seeking comment for this story, has argued dozens of controversial cases. He got a judge to agree in 1995 that a Jersey City holiday display violated the separation of church and state, but the case was overturned on appeal. He defeated an eminent domain action this year that would have condemned a Jersey City bar so a parochial school could extend its football field. He won a 2004 ruling that prosecutors can't strike potential jurors who seem overly religious.

The case that is expected to cause Chen the most trouble before the committee is his representation of Carlos Diaz in the first challenge to Megan's Law.

In 1994, Diaz, a sex offender about to be released from prison, filed a federal lawsuit opposing the law's requirement that the public be notified of his whereabouts. He had no attorney, but the judge assigned to the case thought that because it raised constitutional questions, one should be retained.

U.S. District Judge John Bissell, who has since retired, called Chen, who he knew had an interest in such cases. The men were acquainted from a fundraising project at their alma mater, Philips Exeter Academy.

Chen took the case, raising due process claims and arguing the law violated Diaz's privacy rights. Chen's style of arguing in modest tones, without hyperbole and adjectives, served him well. Bissell blocked the Passaic County prosecutor from notifying neighbors of Diaz's presence.

Bissell said it is unfair to say Chen is a radical for taking on the unpopular cause. "He did not come knocking on my door to get a crack at it," the judge said. "There is no reason to confuse the person and perhaps some of his personal views and the task at hand."

Bissell noted the state Supreme Court eventually ruled that offenders seeking to limit public notification deserve hearings. "On the due process argument he turned out to be dead right," Bissell said.

Chen has said he is not defensive about his role in the case.

"In a way, the process worked, we have a better, more finely tuned Megan's Law as a result of that litigation," Chen said the day his nomination was announced.

But not all legislators are convinced. Sen. Peter Inverso (R-Mercer), who authored the law, said Chen might side with sex offenders against legislative efforts to set up "pedophile free" zones around schools and playgrounds.

"It is a little troubling to me that as Public Advocate there is potential he might be looking to sue the state for Megan's Law implementation issues," Inverso said.

Chen studied chemistry at Dartmouth, but has said he switched to law because he wanted to focus on a field that was less stereotypically Asian. At Rutgers law school he was a standout student, and after his graduation in 1983 he went on to clerk for U.S. 3rd Circuit Court of Appeals Judge Leonard Garth in Newark.

Garth said Chen showed an aptitude for cases involving issues of civil and social liberties. "He has always been interested and so well qualified to deal with this," said Garth.

Chen then worked briefly at a Wall Street law firm, but returned to the law school in 1987.

The professor -- who almost always wears bow ties and can never seem to control the riotous cowlick at the crown of his head -- can often be found working to resolve campus disputes. During a mid-1990s clash between opponents and supporters of a university program meant to help minorities, Chen held low-key meetings with students to help soothe the controversy.

"Ron doesn't lie. He doesn't b.s. people in any way. He is never arbitrary. Everybody respects him," said Gary Francione, a fellow Rutgers Law professor who has known Chen for more than 20 years.

For Chen, the opportunity to serve as Public Advocate is a natural extension of his work. He has said he wants to reach out to the state's poor and its racial and ethnic minorities.

"I will use every skill I have to do right by the people of New Jersey," he said.

Kate Coscarelli covers the business of law. She may be reached at kcoscarelli@starledger.com or (973) 392-4147.