N.J. Constitutional Convention: Vol. 4, Page 28

Tuesday, June 24, 1947 (Morning session)

TransitionDraft of Judicial Article2 Draft included in the original transcript at this point for convenience. See Appendix for detailed formal explanation furnished the Committee by Miss Seufert.Article V Judicial

Section IV

  • (2) In the event of a dissenting opinion in an appellate division;  
  • (3) On certification by an appellate division; or  
  • (4) On order of the supreme court.  

In all other cases judgments and orders of an appellate division shall be final.

4. The supreme court and the appellate divisions of the general court, in addition to considering questions of law, may also set aside judgments, wholly or in part, for insufficiency of evidence or because of an excessive or inadequate verdict and may exercise original jurisdiction necessary to complete determination of the controversy.

Section V

1. There shall be a judicial council whose composition shall be determined by law, provided, however, that the members of the council shall not exceed nine in number and shall include representatives from the judicial department and from the lay public. The judicial council shall assist the governor in the selection of judicial nominees and shall perform such other duties as may be assigned by the constitution or by law.

2. The chief justice, the associate justices of the supreme court, and the judges of the general court shall be nominated by the governor after consultation with the judicial council and appointed by him with the consent of the senate. When a vacancy results from the expiration of the term of a justice or judge who is eligible to succeed himself, the judicial council shall hold a public hearing on the question of reappointment. The judicial council may thereupon recommend reappointment; advise against reappointment; or submit the name of the justice or judge to the governor, together with a list of other persons deemed qualified for appointment. If the judicial council advises against reappointment or if the governor declines to reappoint, or if there is no one eligible for reappointment, the governor shall obtain from it one or more public lists of persons qualified in its opinion for the appointment. If the governor nominates a person proposed by the judicial council; he shall send the name to the senate, together with the recommendation of the council; but if he nominates a person not proposed by the council he shall send the senate a message giving his reasons for the nomination, together with a report by the judicial council on the qualifications of the nominated.

3. The first appointment of any person as a judge or justice shall be for a term of five years; but the term of any person appointed after five years of judicial service in the department shall be twelve years.

4. Any justice or judge shall be liable to removal by the senate for nonfeasance, misfeasance, or malfeasance in office or for conduct unbecoming a judge, on charges preferred by the general assembly, by the governor, by the supreme court, or by the judicial council. During the time between the preferring of charges against a justice or judge and his conviction or acquittal, he shall be suspended from exercising the duties of his office. Judgment in case of conviction shall not extend further than to removal from office, and to disqualification to hold and enjoy any office of honor, profit or trust under this state; but the person convicted shall nevertheless be liable to indictment, trial and punishment according to law.

The supreme court may remove any justice or judge for cause, after due notice and opportunity for defense and may suspend the justice or judge pending determination of the case. Any justice or judge who is unable to discharge the duties of his office with efficiency by reason of continued sickness or physical or mental infirmity shall be retired from office by order of the supreme court, after notice and a fair hearing and on a finding of five of the judges that the disability is permanent.

5. No justice or judge shall remain in continuous service after he has attained the age of seventy years; but the chief justice may assign any such judicial officer who has attained the age of 70 years before his term has expired to temporary service in the supreme court or in the general court, as need appears.

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