N.J. Constitutional Convention: Vol. 4, Page 168

Wednesday, July 2, 1947 (Morning session)

happens to be. Wasn't there a suggestion made in connection with the federal system at one time, that those men be retired, but be subject to call on the part of the Chief Justice?

JUDGE BRENNAN: Not only suggested; it was put in operation, as I recall.

MR. McMURRAY: Wouldn't that solve the thing and be the salvation of the value of the man - we recited instances yesterday - who reached an advanced age and who were still outstanding mentally. Those men could be utilized.

JUDGE BRENNAN: That would depend entirely upon the general judicial structure, whether or not this reference is necessary and advisable. If my recollection is quite clear - I don't know whether you remember or not, Chief Justice Brogan - Justice Sutherland, I think it was, sat in a District Court of New York after he retired -

MR. THOMAS J. BROGAN: Either he or Vandeventer.

VICE-CHAIRMAN: It was Vandeventer.

JUDGE BRENNAN: It was one. That answers that part of the question. But what conditions preceded that? Of necessity comes the structure. Your change may take such form that it isn't necessary or desirable.

VICE-CHAIRMAN: The interesting part about Vandeventer was that they took a man who had been on the Supreme Court for many years and retired, and permitted him to sit as a trial judge which, of course, carried with it the weight of a former Supreme Court Justice. It is the type of case, following Dean Pound's suggestion of using retired justices in celebrated cases, where you might want the public to feel a respect greater than it might toward an ordinary trial judge in that one particular district.

MR. BROGAN: Yes, he cleaned that district up in two or three days, and there was no appeal.

JUDGE BRENNAN: My revered senior, I have the greatest respect for you, but you came in swinging wide open on that. This is my chance to file a rebuttal. You reviewed my mistakes so often, when I ruled four or five hundred times on murder cases. If you will consult the record you will find, although the disposition was rapid in the district, on review it didn't stand up so well.

MR. BROGAN: It didn't?

JUDGE BRENNAN: It did not.

MR. BROGAN: I didn't know about that.

VICE-CHAIRMAN: He is referring to his own -

MR. BROGAN: No, Vandeventer.

JUDGE BRENNAN: Some of the others didn't.

MR. BROGAN: I have a recollection of a counsellor, now a judge in New York, named Leibowitz, than whom there was no

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