N.J. Constitutional Convention: Vol. 4, Page 334


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON THE JUDICIARY
Tuesday, July 8, 1947 (Afternoon session)

MR. ORMSBY: Well, we still have similar recall privileges for anybody occupying a public office.

MR. SOMMER: I merely want to get your point of view.

MR. ORMSBY: I would say that any judge sitting on the bench should stand on his record and be ready at any time to answer for any malfeasance, misfeasance or nonfeasance, whatever the case may be.

MR. SOMMER: That would a very unpopular decision.

MR. ORMSBY: I won't concede to that being an unpopular decision because -

MR. SOMMER: It would be to the ones that I know of.

(Laughter)

(Off-the-record discussion)

MR. WINNE: It's a little repulsive to the average lawyer, I think, to go about asking for people to vote for a judge on election day. I can't conceive of many states favoring such an election.

VICE-CHAIRMAN: In most states, Mr. Winne, overwhelmingly.

MR. WINNE: Well, I still find it repulsive to think of having to go around on election day and beg people to vote for him.

VICE-CHAIRMAN: I am as opposed to it as you are, although I am not so shocked by it.

MR. WINNE: I still find it difficult to think of a judge saying, "Please vote for me on election day."

VICE-CHAIRMAN: Well, they have it. I think there are 39 states, approximately, that do.

(Off-the-record discussion)

MR. ORMSBY: I think they get along quite well in New York, and they elect their judges.

MR. SMITH: Well, I was going to ask you about that. Are you not concerned about the situation of some years ago, when this judge - what was his name?

MR. ORMSBY: Judge Auiello.

MR. SMITH: Yes, Judge Auiello was found guilty, and three days later the people voted him into his judicial office.

MR. ORSMBY: After all, we are in a democracy and certainly people rule by majority rule, because you don't have democratic principles if you say that the people haven't any authority to rule by majority rule. The people voted knowing the situation. They at least had a chance to repudiate Judge Auiello, but they didn't.

MR. SMITH: Apparently you didn't understand my question.

MR. ORMSBY: Maybe I didn't.

MR. BROGAN: No, the thing was, here was a man who had the endorsement of both parties and there just simply wasn't time enough to get this thing over to the people. And even if you did


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