N.J. Constitutional Convention: Vol. 4, Page 238


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

tion. I don't believe that if we have this set-up that the Court of Appeals will be so overburdened that we need to adopt a certification system.

MR. McGRATH: Was that the proposal of the Essex County Bar?

MR. KAUFMAN: I think that was the proposal of the Essex County Bar, of which I was a minority member. They only believe in certification where there was an appeal to the appellate division, and then only in questions of statewide importance, or where a constitutional question was raised in the inferior court, the District Court, or in one of the administrative tribunals.

MR. BROGAN: Would that be likely to result in raising constitutional questions - needlessly, perhaps?

MR. KAUFMAN: I doubt whether the Bar would raise constitutional questions needlessly, Chief Justice Brogan. I think the Bar, in the main, is a bar of integrity. They don't raise questions just for the sake of taking an appeal. I think the work in the appellate division, like in New York, will be administered as it should.

MR. BROGAN: I am referring to questions of merit.

MR. KAUFMAN: Well, Chief Justice Brogan, I've taken appeals and I was thrown out on the ground that the appeal was without merit. Nonetheless, when I took the appeal I thought it was with merit, and maybe when I lose I think you were the court of errors, and when I win I think you were the court of appeals.

(Laughter)

I have always had faith in my convictions. Even though you knock me down I think maybe I was right. But that is part of our advocacy, and I think you feel the same way now that you are down among us, with the rest of us, arguing before the Court of Errors and Appeals.

VICE-CHAIRMAN: Does anyone have any further questions of Mr. Kaufman?

MR. SMITH: As I understood your argument in favor of maintaining the Court of Chancery as it now is, you seemed to see merit in the fact that the Vice-Chancellor, in effect, echoed the views of the Chancellor.

MR. KAUFMAN: "Echoed the views of the Chancellor" is a very, very nice opinion, but in the words of the court - it was Chancellor Walker and others - the opinions of the Vice-Chancellors were circulated among the Vice-Chancellors and the Chancellor in order to insure uniformity. I think that is a great thing. We have uniformity in the main, and the lawyers who have searched the law will find the remedy in those decisions. I only know of, I think, about four or five decisions, and they came only within the last ten


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