N.J. Constitutional Convention: Vol. 4, Page 25

Tuesday, June 24, 1947 (Morning session)


MR. McGRATH: A United States District Court judge hears everything within his jurisdiction.

MR. BROGAN: Except motor vehicle cases.

MR. McGRATH: And except probate cases.

MR. SMITH: Does your report indicate what the present cost is to the State and to the litigants by reason of starting actions in the wrong courts?


MR. SMITH: Would it be possible to get those figures - from your own personal report?

MR. LE DUC: I will have to dig into my files and try to find it for you.

MR. McGRATH: Do you feel that under the proposed Constitution any of the rule-making powers should reside in the Chief Justice?

MR. LE DUC: I think that power should reside in the Chief Justice. I don't think there should be any limitation put upon that power.

MR. McGRATH: That is not the point. The point is not whether he should have any power, but whether the judge should customarily extend it to the district to which he is assigned. Of course, the way they have it now they can sit anywhere a Supreme Court judge can sit.

MR. LE DUC: There is no question about that.

VICE-CHAIRMAN: I take it you agree with that, plus the right of the Chief Justice to transfer the judges pretty much freely.

MR. LE DUC: I think so. I do not feel that it should in any way very limited.

VICE-CHAIRMAN: Do you favor allowing the courts power to promulgate their own rules as to division, etc., rather than the Legislature?

MR. LE DUC: I do. Of course, I think the court is the proper source of what we may call the legislation that determines the whole management of the administration and the members of the court.

MR. McGRATH: Would you consider that a man is an expert when he sits in on a case or on a committee?

MR. LE DUC: No, not at first, but if he continues to act in that capacity for a certain length of time, he will likely become an expert.

MR. McGRATH: What makes an expert?

MR. LE DUC: An expert is one who knows more and more about less and less.


VICE-CHAIRMAN: Any further questions?


MR. McGRATH: I move that we extend the thanks of the Com-

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