N.J. Constitutional Convention: Vol. 4, Page 35

entire responsibility for all courts, superior and inferior and small cause courts and all courts, in that judicial structure.

MISS SEUFERT: You mean, letting the Supreme Court exercise jurisdiction over every court in the State of New Jersey?

MR. DIXON: I said, what would be the argument against making the judicial structure similar for all courts, all the way down to the very minor courts, with the right to establish their control by rules and regulations - take it out of their hands? I am looking at this from the standpoint of getting the most satisfactory court set-up.

MISS SEUFERT: Personally, Mr. Dixon, I would have no objections to that whatsoever. It seems to me, however, that the Legislature would insist upon maintaining its power over the creation of the courts. I would rather see the Supreme Court itself do that, by rules, although I cannot see that such a system could be practically adopted, because of political objections.

VICE-CHAIRMAN: Mr. Dixon, your suggestion runs counter to our basic philosophy of separation of powers, and while I don't think Miss Seufert knows whether or not the legislators would object to it, since it is the Constitution we are talking about, I do think that in your deliberations you will want to give recognition to the historical philosophy of the separation of powers. Historically, we have visualized our democratic system, not only in New Jersey, but throughout the country - federal and state - as involving separation of functions, so that the judiciary performs the judicial functions, and the legislature performs the legislative functions. Setting up the court system within the constitutional framework has always been left to the Legislature. I know of no system in which the courts have been created by the courts. While it is conceivable that you would have a system of that kind, I say that you are going to run counter to the philosophy that I mentioned. That is probably the objection, as distinguished from the politics that you mentioned.

MR. DIXON: I am not expressing my own mind. I am trying to explore - to see what arguments we get - pro and con.

VICE-CHAIRMAN: May I suggest that you take five or ten minutes more, Miss Seufert? We have to leave here 20 minutes before the hour.

MISS SEUFERT: Our second major point is that this proposed court system will provide for a convenience to litigants which does not at the present time exist for litigants in our State. The general court of statewide jurisdiction can be made readily available to all litigants throughout the State. The Chief Justice is given the power to set up offices throughout the State for the filing of papers and for the issuing of papers, wherever he believes it is necessary, for the

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