N.J. Constitutional Convention: Vol. 4, Page 255


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947 COMMITTEE ON THE JUDICIARY
Thursday, July 3, 1947 (Afternoon session)
"DRAFT OF JUDICIAL ARTICLE

Article - - -


Section III

the charge in question according to evidence'; and no person shall be convicted without the concurrence of two-thirds of all members of the Court, at least fourteen of whom must be senators.

4. Judgment in cases of impeachment shall not extend farther than to removal from office, and to disqualification to hold and enjoy any office of honor, profit, or trust under this State; but the party convicted shall nevertheless be liable to indictment, trial, and punishment according to law.

5. The Court for the Trial of Impeachments shall have power to make rules governing the procedure in said Court.

Section IV

The General Court shall have and exercise throughout the State all of the original jurisdiction possessed by any court, except the Court for the Trial of Impeachments, under the Constitution of 1844, except as inconsistent with the provisions hereof; and in addition, the original and appellate jurisdiction conferred hereby. It shall be divided into an Appellate Division, a Law Division and a Chancery Division. Either the Law Division or the Chancery Division for the more efficient administration of law and equity shall have jurisdiction to determine fully in all of its aspects any case or controversy which has been properly commenced in such division, including incidental jurisdiction to try by jury any question or question as to which the right of trial by jury shall exist by constitutional provision.

Section V

1. The Appellate Division of the General Court shall consist of one or more parts of at least five judges each. The number of parts and the number of judges of the Appellate Division may be increased by the Legislature as the public good may require.

2. The Appellate Division of the General Court may, by certiorari allowed by the court or any Judge thereof, review any indictment before trial, according to law.

3. Subject to the rules of the Supreme Court, the Appellate Division of the General Court shall have jurisdiction to regulate the practice of law including the admission to practice and the disbarment, suspension, and other discipline of persons admitted.

Section VI

1. The Law Division of the General Court shall consist of a Chief Judge and - - Associate Judges. The number of Associate Judges may be increased by the Legislature as the public good may require.

2. The Law Division of the General Court shall have and exercise throughout the State all the original inherent jurisdiction possessed by the former Supreme Court of this State under the Constitution of 1844, except as inconsistent with the provisions hereof, together with such additional jurisdiction as is hereby conferred upon it.

3. The Chief Judge of the Law Division of the General Court shall have power and authority to exercise in his own name alone all the powers and functions of such Division, and each of the Associate Judges of such Division, subject to rules made by the Supreme Court, shall have power and authority to exercise in his own name alone all the powers and functions of such division.

4. Prerogative writs may be granted, subject to rules, by a single Judge of the Law Division or in case of the writ of habeas corpus, by the Chancellor or a single Vice-Chancellor of the Chancery Division.


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