(concurring) — I concur in the result of the majority and its reasoning insofar as it discusses Const. art. 1, § 4 and Const. art. 1, § 12. We are free to apply a less restrictive interpretation to these sections of our constitution than the United States Supreme Court did in discussing the due process and equal protection clauses of the Fourteenth Amendment in Ortwein v. Schwab, 410 U.S. 656, 35 L. Ed. 2d 572, 93 S. Ct. 1172 (1973). See Robinson v. Cahill, 62 N.J. 473, 303 A.2d 273, 282 (1973), modified on grounds not here applicable, 63 N.J. 196, 306 A.2d 65 (1973). In addition, the waiver of the cost bond in this case will affect an agency of the state and as such, its cost, if any, will be shared by all the people of the state.
Horowitz, J., concurs with Utter, J.