N.J. Constitutional Convention: Vol. 4, Page 346

Wednesday, July 9, 1947 (Morning session)

the board's actions and recommendations."

MR. KERNEY: It would permit the Governor to side-step, without having to commit himself.

MR. BROGAN: I don't feel that a Governor should say that. If he can't appoint a man, he should say so.

MR. KERNEY: If you leave the appointive power with the Governor, no matter what advisory group you have, the final say is with the Governor.

MR. SOMMER: Then you should centralize the responsibility?

MR. KERNEY: That's right, but there may be some merit in having an advisory group working with the Governor as to the qualifications of the appointee.

MR. BROGAN: Doesn't he have such a group now?

MR. KERNEY: The senior officer.

MR. BROGAN: But even after the governor has picked someone, he can be relieved?


MR. SOMMER: How about a judge during the trial period, playing up to and seeking the favor of the appointing power? You cannot prevent that entirely.

MR. BROGAN: That is what I have against that proposition.

MR. KERNEY: I am inclined to agree with you there.

VICE-CHAIRMAN: There is a provision in the 1942 draft, on page 24, reading as follows:

"If the supreme court fails to hear any case within two months after an appeal is perfected, or fails to decide any case within two months after it has been argued or submitted, the chief justice is required to certify that fact to the governor, and the governor may appoint a special term of the supreme court from among the justices of the superior court, to act until the congestion of cases has been overcome."

Can you tell us what the advantages and disadvantages of that would be?

MR. KERNEY: I think the advantages outweigh the disadvantages. There would appear to be, on the face of it, disadvantages in having a special Supreme Court named by the Governor from an inferior court, but the advantages would appear to me to outweigh the disadvantages, because it provides for relief during any time that the schedule of the court became congested, and it also provides for disposition of a case after a certain period, and in the event that is not complied with, for report to the Governor for failure to dispose of such matter within that time.

MR. SOMMER: That is all right, but why bring the Governor into the picture if you are going to give power for the administration of the courts to some member of the judiciary? Why not trust him to act in that case?

MR. KERNEY: Well, you may be right.

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