N.J. Constitutional Convention: Vol. 4, Page 117

Tuesday, July 1, 1947 (Morning session)

of small causes?

DEAN POUND: No, I know what you mean. As I understand it, the Justice of the Supreme Court hears cases in your county courts.

MR. McGRATH: That's right.

DEAN POUND: But why have a separate court?

MR. McGRATH: Why have a separate court? Because of convenience.

DEAN POUND: It's more convenient to have one court.

MR. McGRATH: You mean, you would have the county court called all one court? The divisions would be as you suggest.

DEAN POUND: You can see the advantages of that.

MR. McGRATH: In other words, the county court will have a criminal division and a probate division.

DEAN POUND: In fact, in California, where the Superior Court has general jurisdiction of law, equity, probate and criminal causes, it works splendidly. There again you don't have to bother yourself with these jurisdictional lines. In Iowa, the Circuit Court has law, equity, criminal and probate jurisdiction. Having practiced across the river, where all those things were separate, I can assure you I can appreciate the importance of that system.

MR. McGRATH: When we have a criminal session of the county court we call it the general session.

DEAN POUND: Well, if you have to have a criminal division, why, perhaps you'll have to have it; but is there any historical reason why you have to keep that up? Doesn't that multiply the administration a little bit?

MR. McGRATH: No, it doesn't. I think our system is very efficient.

DEAN POUND: Well, it might be efficient, but I suspect it could be more efficient.

MR. McGRATH: It is efficient, convenient and economical, because it is right in the county where -

DEAN POUND: It's a kind of a circuit system, isn't it.

MR. McGRATH: Yes, it is.

DEAN POUND: In fact, in the Superior Court in Massachusetts the Superior Court judges sit anywhere. That is infinitely better than the system they have in New York.

MR. McGRATH: Thank you very much, Dean Pound. I think your remarks have been wonderfully illuminating. It's really a liberal course in law, and I thank you personally. I'm sure we're all very grateful to you.

MR. WAYNE D. McMURRAY: May I ask a question? Your notion is, I take it, that the ideal thing is to get the case tried and have one review.

Previous Page in Book ********* Table of Contents *********** Next Page in Book