N.J. Constitutional Convention: Vol. 4, Page 137

Tuesday, July 1, 1947 (Afternoon session)

that majority report. It was not introduced because it was thought unwise, in view of the opposition, to carry the movement further; but the language in it is what I am talking about. It is this schedule: "When this amendment takes effect, the Chief Justice of the Supreme Court then in office" - this does not mention the Chancellor, but we all think the Chancellor should be included in some fashion - "shall be constituted the Chief Justice," - and don't make the mistake of thinking that I am making the suggestion that the present Chief Justice should be here named the Chief Justice of the new court - that is simply for continuity in office -

VICE-CHAIRMAN: We have had only one suggestion.

CHIEF JUSTICE CASE: " - and each Associate Justice of the Supreme Court then in office shall be constituted an Associate Justice of the Court of Appeals, and each shall continue as such Justice of the Court of Appeals for the period of his unexpired term as Justice of the Supreme Court, and each shall be eligible for appointment to the Court of Appeals after the expiration of such period; all despite any limitation on the total number of Justices for the Court of Appeals and any age limitation, except that no such person shall be eligible to take or continue in office as a Justice of the Court of Appeals after he has attained the age of 75 years."

This language isn't what you would want, but it goes on and says: "So long as the number of Justices hereunder exceeds seven, the Court of Appeals shall consist of all such Justices, and the number of members who may sit in any case shall not exceed the number of Justices hereunder."

So much for that. I beg your pardon for taking so much time in discussing that question.

MR. GEORGE F. SMITH: Chief Justice Case, you apparently propose a Court of Appeals of seven; and under the present circumstances there would be, temporarily, ten Justices. How would you propose -

CHIEF JUSTICE CASE: Including the Chancellor.

MR. SMITH: How would you propose to utilize the talents of the extra three?

CHIEF JUSTICE CASE: I would have them sit as they sit now. As I shall say in a moment, it is a very difficult thing and I think rather impossible, to anticipate just what volume of work will fall upon a Court of Appeals, in view of the changed situation. I am going to make the suggestion - if I don't forget it - that the Legislature be given authority to vary the character of appeals that shall go up. In other words, what appeals may be taken, and to extend them or restrict them.

MR. BROGAN: That has bothered us. I had a note, and I wanted to talk to you about that.

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