N.J. Constitutional Convention: Vol. 4, Page 342
MRS. GENE W. MILLER: Would you say something about the removal of judges?
MR. KERNEY: About the removal of jurists - well, that is by impeachment.
MR. GEORGE F. SMITH: It wasn't so stated in your proposed revision, Mr. Kerney. There are two methods, as I recall it. One by impeachment, conditional on good behavior; and removal mandatory on account of physical or mental disability.
MR. KERNEY: You may have a very good point there.
MR. SMITH: Was it considered?
MR. KERNEY: I don't believe so. I don't recall it.
MR. SMITH: How do you feel about it?
MR. KERNEY: I think that ought to be a logical cause for removal - any disability, physical or mental.
MR. BROGAN: How about incompetency?
MR. KERNEY: I would classify that in exactly the same category - any disability which makes a man incompetent to serve as a judge.
MR. WAYNE D. McMURRAY: By whom would that removal be made? By the Chief Justice of the highest court?
MR. KERNEY: I would prefer to see it in the jurisdiction of the courts themselves - that is, the Chief Justice and members of the proposed Supreme Court.
MR. McMURRAY: Who would remove the Chief Justice?
MR. KERNEY: There would have to be a Chief Justice. The Chief Justice could be removed for cause.
MR. FRANK H. SOMMER: You would have them all subject to impeachment - everyone of them?
MR. KERNEY: That's right.
MR. SOMMER: Then, as to the judges of the courts - the courts of last resort, we would have to provide for a readier method of removal. We would have to take a chance on the court of last resort, I suppose, pretty generally?
MR. KERNEY: We have been taking some chances on that court for some time.
MR. McMURRAY: What is your thought on age retirement?
MR. KERNEY: I feel 70 should be a proper age for retirement.
MR. WALTER G. WINNE: You mean, compulsory at 70?
MR. KERNEY: Compulsory at 70. That provision I prefer to have made part of the Constitution, but it may be a matter for the Legislature. I believe it should be a constitutional provision.
MR. BROGAN: Would you have all judges with life tenure, even in the so-called inferior courts, that is, the county courts?
MR. KERNEY: Well, we didn't propose county courts in our revision as such. If you mean traffic courts, district courts, etc., -
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