N.J. Constitutional Convention: Vol. 4, Page 335


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

get it over to the people, the people are not interested in knowing who the judges are. They never have cases, the average man. He doesn't go into court. That's the reason he is not concerned about judges, but when he gets in there, he wants a good one.

MR. WINNE: I have heard it stated - I couldn't prove it - that nominations for judges in New York City are conditioned, in part, upon campaign contributions to the parties. Has anyone else ever heard that suggestion?

MR. BROGAN: Nobody ever heard that suggestion.

(Laughter)

VICE-CHAIRMAN: I think many of the states which have the elective system have been clamoring for the appointive system, whereas a number of states which have the appointive system have been clamoring for the elective system.

MR. ORMSBY: That statement would be hearsay, anyway.

MR. BROGAN: Yes, maybe in the Republican Party.

(Laughter)

MR. ORMSBY: I don't know what he means.

(Laughter)

MR. DIXON: Speaking of people being the sole judge, if a man is turned down by his party - imagine Bergen County, which is a Republican county, turns down a man - he would have a very hard time getting elected. Of course, if he's favored by the people, they may have to support him.

MR. WAYNE D. McMURRAY: At least he has a chance.

MR. DIXON: Or in Hudson County, vice versa, it would be very difficult for a Democrat who is turned down, to be elected.

VICE-CHAIRMAN: Dean, what do you think of the Missouri Plan?

MR. ORMSBY: The Missouri Plan?

VICE-CHAIRMAN: In Missouri, as I understand it, they have a commission which submits a list of names to the governor who, in turn, appoints one from that list. A year later that judge's name goes on the ballot which is voted on by the people "yes" or "no" - in other words, if the person is to be continued or not continued.

MR. ORMSBY: Well, I'm not entirely satisfied with that plan, Mr. Jacobs.

VICE-CHAIRMAN: That, of course, gives you a partial public electorate selection.

MR. ORMSBY: I think one of the defects in that situation is that it does give the control of the selection of the judges, in the beginning, to a certain few.

MR. DIXON: What would you think of a council formed of, let us say arbitrarily, three men chosen by the New Jersey State


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