N.J. Constitutional Convention: Vol. 4, Page 219

Thursday, July 3, 1947 (Morning session)

JUSTICE COLIE: That could be decided somewhere, I think -

MR. McGRATH: Wouldn't that make the work at least ten times larger than at present?

JUSTICE COLIE: That's just what I'm concerned about.

MR. McGRATH: Why should that unnecessary expense be put on the public, just for the sake of somebody's idea?

JUSTICE COLIE: You have to be very careful not to overburden this intermediate court of appeals, which is a very easy thing to do.

MR. McGRATH: Mrs. Jones is fined for letting her dog run at large in the City of New Brunswick, and the police judge fines her five dollars. The appeal goes to the Common Pleas, and that is generally the end of it in the 99 out of 100 cases. Why should the upper court be bothered?

JUSTICE COLIE: I don't see why it should be.

MR. DIXON: That would be covered by statute, I take it - that offenses of that kind finally end in the Court of Common Pleas.

MR. McGRATH: You want to beware of any set ideas, and let the thing go where it has always gone, or as it has been done, with the convenience of justice.

VICE-CHAIRMAN: I don't see how you can be worried about overburdening this intermediate court if, as you originally said, you leave to the Legislature the details as to the parts and membership. So that actually, if you left that to the Legislature and you had a tremendous volume of work in the inferior tribunals, you could go right to this appellate court which could sit in separate appellate parts.

JUSTICE COLIE: Indeed they could, Mr. Jacobs.

VICE-CHAIRMAN: Of course, the personnel might be increased.

JUSTICE COLIE: Oh, definitely, but I don't know that I want to see it grow too big.

VICE-CHAIRMAN: All I'm concerned with is that if the occasion arises - we don't anticipate that it will, at the present - where there is such a volume of work that you need two appellate parts sitting on the same level, under your plan you would still be in a position to have them.

JUSTICE COLIE: Indeed, yes.

MRS. GENE W. MILLER: Justice, would you leave the rule-making power, procedure rather, to the court or to the Legislature?

JUSTICE COLIE: Definitely to the court.

VICE-CHAIRMAN: I take it that means you would deprive the Legislature of any right to pass a Practice Act?


VICE-CHAIRMAN: Then the last answer you gave should be modified.

JUSTICE COLIE: Mr. Jacobs, may I hedge on this? The last

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