N.J. Constitutional Convention: Vol. 4, Page 273
is only entitled to one appeal, and that in most cases would be to a court of five men. The unusual cases would go to a court of seven men, after having been heard once before; or a capital case where your life is in jeopardy you go right up there to begin with, or a constitutional case.
MR. McGRATH: On the question of appeal, do you think that every man should have one appeal by right, instead of being turned down by the appellate courts?
MR. WURTS: Yes, sir. We think that an appeal should lie to the Appellate Division from the refusal of a trial judge to grant a prerogative writ, as well as an appeal to the Appellate Division, as a matter of right, from the order or judgment which finally determines the proceedings, if the writ is granted. We dealt very lightly with prerogative writs, because I listened to Judge Hannoch a couple of weeks ago on this subject, and it was decided to leave it to the Committee.
VICE-CHAIRMAN: Any further questions?
VICE-CHAIRMAN: Thank you very much.
MR. WURTS: Thank you for giving me the opportunity to appear before your Committee. I just want to say in closing that if there is any way in which our committee, our Association, can be of assistance, let us know.
VICE-CHAIRMAN: Thank you again - just a minute, Mr. Wurts. Are there any further questions?
PERSON IN AUDIENCE: Can you tell me whether any member of the State Bar Association is scheduled to appear before this Committee?
VICE-CHAIRMAN: They have already been here.
VICE-CHAIRMAN: This is our last speaker, Mr. Richard B. Eckman, who is appearing here in behalf of the Burlington County Bar. I am sorry about the hour, but we couldn't help it because our first witness didn't appear until late. Mr. Eckman...
MR. RICHARD B. ECKMAN: Chairman, Mrs. Miller, and members of the Committee:
I come here, of course, as a lawyer and as a citizen, speaking for myself individually, and not for the Bar Association, or any group as yet, but through interest in the matter. I have a plan, a copy of which has been produced, and it may be called the English Plan because it's an attempted adaptation of the English judicial system to our system of courts. Hearing the last witness, there doesn't seem to be so much difference between us.
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