N.J. Constitutional Convention: Vol. 4, Page 259


"DIGEST OF DRAFT OF JUDICIAL ARTICLE

I. Supreme Court

  • 1. Chief Justice and six Associate Justices  
  • 2. Lawyers of at least ten years' standing  
  • 3. Term to be fixed by Legislature  
  • 4. Legislature to provide retirement system by statute, including age limit  
  • 5. At least two members shall have previously served in Chancery Division of General Court  
  • 6. At least two members shall have previously served in Law Division or Appellate Division of General Court  
  • 7. Chief Justice shall have power to draft from Appellate Division where quorum does not exist  
  • 8. General rule making power for administration of all courts in this State and respecting practice therein  
  • 9. Direct appeal as matter of right:     
        
    • (a) Capital cases  
    • (b) Constitutional questions, state and federal  
    • (c) Appellate Division where dissent by two judges, reasons given  
  • 10. Permissive appeal:     
        
    • (a) Certification by Supreme Court or Appellate Division  
    • (b) As permitted by rules of Supreme Court  

II. General Court

(Statewide Jurisdiction, Appellate and Original)

The General Court shall have and exercise throughout the State all of the original inherent jurisdiction possessed by any court under the Constitution of 1844, 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 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 the right to determine issues of fact by jury trial where the right to trial by jury exists under this Constitution.

A. Appellate Division

  • 1. Shall consist of one or more parts of at least five judges each. The number of parts and the number of judges may be increased by law.  
  • 2. Lawyers of at least ten years' standing  
  • 3. Term to be fixed by Legislature  
  • 4. Legislature to provide retirement system by statute, including age limit  
  • 5. Presiding judge of each part to be designated by the Supreme Court  
  • 6. Jurisdiction:     
        
    • (a) As a matter of right from any final order, judgment or decree of Law Division or Chancery Division, including orders or judgments on prerogative writs, and final order, judgment or decree of County Courts  
    • (b) From any preliminary or interlocutory order of Law or Chancery Divisions or County Courts when provided by law or by rules of the Supreme Court  
    • (c) As provided by law from any order or judgment of any statutory or inferior court  

B. Law Division

  • 1. Lawyers of at least ten years' standing  
  • 2. Term to be fixed by Legislature  
  • 3. Legislature to provide retirement system by statute, including age limit  

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