N.J. Constitutional Convention: Vol. 4, Page 274


Proposed by Richard B. Eckman of Burlington County


Section I

1. The judicial power shall be vested in a court for the trial of impeachments, a Supreme Court, County Courts, and such other courts, inferior to the Supreme Court, as may be established by law, which inferior courts the Legislature may alter or abolish as the public good shall require.

Section II

1. The House of Assembly shall have the sole power of impeaching by a vote of a majority of all the members; and all impeachments shall be tried by the Senate. The members, when sitting for that purpose, to be on oath or affirmation 'truly and impartially to try and determine the charge in question according to evidence'; and no person shall be convicted without the concurrence of two-thirds of all the members of the Senate.

2. Any judicial officer impeached shall be suspended from exercising his office until his acquittal.

3. 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.

4. The Secretary of State shall be the Clerk of this court.

Section III

1. Any judge of any of the courts of the State may be removed for disability continuing for one year, or for refusal to perform the duties of his office, by a vote of two-thirds of all the members of House of Assembly voting separately, after a hearing before both houses in joint session.

Section IV

1. The Supreme Court shall be organized in three divisions, namely, the Appeals Division, the Law Division and the Chancery Division. It shall consist of a Presiding Justice of the Appeals Division who shall be styled the Chief Justice, a Presiding Justice of the Law Division, who shall be styled the President Justice, and a Presiding Justice of the Chancery Division, who shall be styled the Chancellor, and eighteen Associate Justices, which number may be increased by law.

2. The Appeals Division shall consist of the Chief Justice, and six other Justices of the Supreme Court to be assigned by the Governor. A Justice of the Supreme Court assigned by the Governor to the Appeals Division shall serve in said division until the end of his term.

The remaining justices shall be assigned by the Supreme Court to the Law or Chancery Division, as the business of the Court may require.

3. Whenever the number of causes before the Appeals Division shall be so great that the Division cannot promptly hear and determine them, the Governor shall, when authorized by statute, temporarily assign five of the justices of the other divisions to sit in the Appeals Division, which shall thereupon sit in two divisions for the hearing and decision of causes pending at the time of such assignment.

4. Four justices shall be necessary to constitute a quorum on the final hearing of any cause in the Appeals Division, but the Supreme Court may

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