TRENTON, N.J. (AP) -- The governor would not be able to govern if his private communications were open to the public, New Jersey's attorney general told a state appeals panel Thursday.
The argument was made as Gov. Jon S. Corzine pressed to keep secret the e-mails he exchanged during contract talks with the public employee union leader he once dated.
Attorney General Anne Milgram, whose office represents the governor, argued that e-mails between Corzine and ex-girlfriend Carla Katz are protected by executive privilege.
Milgram told the court that Corzine, a Democrat, needs assurance his communications will be kept private in order to govern effectively and that the governor's ability to run the state would be compromised if citizens can see his private communications.
State Republican leader Tom Wilson and several news organizations, including The Associated Press, sought the release of the e-mails. In May, a lower court ruled the public has a right to know what was said.
Corzine is appealing that ruling. A decision from the three-judge panel isn't expected for at least two weeks.
``We come to court today with a significant constitutional policy question,'' said Milgram, who argued the case herself.
She said that governors should be able to decide when to invoke the privilege over their own communication and that their decisions should be overruled only if a compelling need to see the communication can be shown _ a standard no private citizen could meet, she acknowledged.
GOP lawyer Mark Sheridan told the court that by accepting Milgram's argument, it would shield virtually all governor's office communication from public view. He successfully argued in the lower court that the public's right to see the exchanges outweighs the state's interest in keeping them secret.
Wilson questions whether state worker contract negotiations were tainted by the relationship between Corzine and Katz, who dated before Corzine became governor.
He said the e-mails could show what, if any, influence Katz had in Corzine's decision to stop the Legislature from tackling state worker pension and health care reforms in 2007. At the time, Corzine said he'd rather do it at the bargaining table.
Corzine insists he did not negotiate the state worker contract with Katz.
A state ethics panel appointed by Corzine reviewed the e-mails and decided they did not influence contract talks or violate ethics rules.
However, Katz has said that some of the e-mails were ``in connection with'' union contract negotiations. Her attorney has argued that the e-mails should remain private because communications involving collective bargaining are protected under federal law.
Corzine's office has said that there are 50 e-mails from Katz to the governor, 11 e-mails from the governor to Katz, and 11 e-mails from Katz to Tom Shea -- who was Corzine's chief of staff at the time -- that list Corzine as receiving a courtesy copy.
The pair dated from 2002 to 2004 while he was a New Jersey senator. She received large sums of money from him when they parted.
Neither Corzine nor Katz attended the court proceedings.