N.J. Constitutional Convention: Vol. 4, Page 283
the responsibility of a multitude of administrative duties. If we are to have expedition and efficiency, we must have an administrative judge at the head of the equity section and one at the head of the law section.
I know the suggestion has been made that the Chief Justice be the administrator and that he have the appointment of a proctor, I think they call it in the federal court, or whatever you want to call it. My personal judgment is that it would make much more for efficiency if the administrative head of the court was a judge. Frankly, I don't believe the judges push around very easily. Some members of this Committee, I am sure, can testify to that with regard to their own experience, and I at one time had that same feeling myself. They don't like to be pushed around by people other than higher judges; they don't always like that either, but I think they acquiesce in it much more readily than they do if pushed around by someone who is not a judge and does not out-rank them.
All cases should be started in one court, particularly on the law side. In other words, I think if you have litigation in civil matters, that it ought not to be differentiated between being the Supreme Court, Circuit Court and Court of Common Pleas. It ought to be one court, so that any judge of that court, on that side, could try it. I think that the county courts should become part of the general court system, but there should be maintained a county entity in the assignment and in the appointment of judges. As I recall it, in the 1944 draft we provided for at least one judge to be appointed to the Superior Court, which was what the trial court was then called, from each county. I believe that that is a very good provision.
All judges should give full time to their judicial work; they should not be allowed to engage in the practice of law. And they should receive adequate salaries - which they are not receiving now, in my judgment. If it be that the small counties, which are now paying Common Pleas judges a small amount of money - a good many of them practice law - do not require the full-time services of a judge in that county, he could be used in the trial of cases in other counties. Certainly that's so when you realize, as all you members of the Committee who are lawyers do, that - I know in Essex County; I can't speak factually and with certainty on other counties, but I think they are probably the same, certainly in the larger counties - in Essex County I understand from the Circuit Court judges that one is considered fortunate if a case can be tried within a year after it starts. That is a most unfortunate situation and ought not to exist.
I think that the top Court of Appeals ought not to be a court in which litigants can go as a matter of right in every case. I am
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