N.J. Constitutional Convention: Vol. 4, Page 13


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON THE JUDICIARY
Tuesday, June 24, 1947 (Morning session)


Transition

that the Chief Justice would assign the cases to be heard, and if there was a delay in such cases, he would be called before the Governor for an explanation.

VICE-CHAIRMAN: Presumably it would not necessarily be as to the delayed cases, but for the purpose of relieving the general situation?

MR. HENDRICKSON: I must have misunderstood your question. I thought you meant that these justices would not be coordinated with the other activities of the courts.

MR. SMITH: I didn't mean that. I just wanted to know whether the court would be relieved of that case.

MR. HENDRICKSON: No.

VICE-CHAIRMAN: What you want to know is whether the court would be relieved of the case under appeal. Isn't that correct?

MR. SMITH: That's right.

MR. HENDRICKSON: It would.

MR. LESTER A. DRENK: But the court would not ordinarily be relieved of a case that had been partly heard and had been delayed. Presumably it was not intended that it should apply to those cases, but it was intended to apply if the court had not as yet heard the case; that in most of those cases, they would be picked up and turned over to five other justices.

MR. HENDRICKSON: No, it would not apply to cases that had been partly heard.

MR. DRENK: None of those cases would be picked up?

MR. HENDRICKSON: No.

MR. DRENK: They would merely take the cases that had been delayed for more than two months so as to relieve the calendar?

MR. HENDRICKSON: Yes.

MR. WAYNE D. McMURRAY: Senator, do they operate under those provisions in New York State?

MR. HENDRICKSON: In New York State and under the federal system.

MR. McMURRAY: What is the length of time for appeals under that system?

MR. HENDRICKSON: I can't answer that at this time.

MR. McMURRAY: Is it a shorter period of time?

MR. HENDRICKSON: Yes, I believe it is.

VICE-CHAIRMAN: I think these statistics will be available to the Committee.

MR. HENDRICKSON: I might say, on that score, that we had Dr. Temple's report1 Temple, Ralph R. Report on the Constitutional Courts of New Jersey. Submitted to the Commission on Revision of the New Jersey Constitution, July, 1942. Trenton, 1942. before the Commission in 1942, and it furnished a great many of those statistics. They were our guide purely as to the statistical side of the question before us.


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