N.J. Constitutional Convention: Vol. 4, Page 222


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947 COMMITTEE ON THE JUDICIARY
Thursday, July 3, 1947 (Morning session)

you to give me a writ of certiorari.

JUSTICE COLIE: You would not have had your appeal.

MR. BROGAN: The Supreme Court might be equally wrong as you would have been in the first instance to have denied it.

JUSTICE COLIE: That's right.

MR. BROGAN: There is no review.

JUSTICE COLIE: There is no review.

MR. BROGAN: So that you are going to do this - you are going to take the discretion out of allowing certiorari anyway, aren't you?

JUSTICE COLIE: Yes.

MR. McMURRAY: It seems, Justice, that with the increasing number of administrative agencies there must be a right of review.

JUSTICE COLIE: There must be a right of review.

MR. McGRATH: Justice Colie, I amused myself last night trying to write out a rule like "all acts, or refusals to act, of any public administrative official shall be reviewable as a matter of right, and an amendment shall be allowed as a matter of right if necessary and proper to the full administration of justice."

MR. BROGAN: Of course, you can't afford to say that that isn't a good statement.

JUSTICE COLIE: I'm in agreement with this, - that there must be, in my judgment, an appeal from these rulings, and an appeal -

MR. McGRATH: Well, a man comes up with his frivolous writ of certiorari, which may turn out not to be frivolous at all. Is he any worse than the fellow who sues you for running into his automobile when he knows very well that you weren't negligent at all?

JUSTICE COLIE: No.

MR. McGRATH: Who decides whether it has merit or not?

JUSTICE COLIE: Well, as it stands now, the jury does in one instance, and the justice to whom application is made in the other, and there are errors made. I have denied writs and they have gone to the Supreme Court.

MR. McGRATH: Couldn't frivolity be punished by double the costs, or something like that? Couldn't the court say the costs shall be doubled, just as they do in many other cases?

JUSTICE COLIE: That again is one of the matters that I would definitely not leave to the Constitution.

MR. McGRATH: Oh, you couldn't go and put it in the Constitution. I wouldn't even put this in. I think the Legislature might well pass it. How many cases of quo warranto actually appeal in the course of the year? Quo warranto - of course, the lay members may not know just what that is. Justice Brogan probably does. Would you say half a dozen would be a lot?

JUSTICE COLIE: Half a dozen - that would be a very generous allowance in my district where they don't have many.


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