N.J. Constitutional Convention: Vol. 4, Page 264

miner, the Orphans' Court, and all those courts? You would combine all of those into one court?

MR. LASHER: That's right. Now, of course, the Legislature might find it necessary to throw that system out - to create other courts by statute. Of course, this is only the framework of the judicial system.

MR. McGRATH: Well, all these County Courts that might be created, that would be covered by the statute rather than constitutionally?

MR. LASHER: No, no sir. The provision that we now have as the result of this resolution is that there shall be a County Court -

MR. McGRATH: But regardless of that resolution. You said that was an afterthought.

MR. LASHER: Well, I tried to make that clear, that the committee that prepared the original draft suggested that the County Court, all inferior courts, be regulated entirely by statute; that no mention should be made of that in the Constitution, and that there should be only two courts, the General Court and the Supreme Court. But, at the meeting a resolution was adopted requiring the insertion of the provision that there shall be a County Court in each of the several counties of the State, and you will find that in the draft when you have an opportunity to go over it. So that would be constitutional with respect to one County Court in each county.

MR. McGRATH: Constitutional, but nevertheless affected by the statute. It could be changed or affected by statute. Now, would you give the Legislature any authority?

MR. LASHER: Well, we handled it this way generally - that they could increase or decrease the jurisdiction of the court, you see. So it's purely suggestive, as I say. We can't work out all the details in the course of a Bar Association meeting, but they felt that there should be a provision that there be a County Court in each of the counties.

There is one other provision that has been inserted as part of the qualifications for judges of the Supreme Court - that two members shall have previously served in the Chancery Division of the General Court, and two in the Law Division or Appellate Division of the General Court. It was inserted and approved because they thought there should be some line of judicial promotion; that one should not be free to go entirely outside the field of the judiciary, let us say, to fill the places in the higher court. You have probably seen criticism reflected sometimes on the appointments that have been made to the United States Supreme Court; many times men having been appointed without any judicial experience whatsoever, not having served in any court.


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