N.J. Constitutional Convention: Vol. 4, Page 351

Wednesday, July 9, 1947 (Morning session)

istrative direction of a chief justice or chief magistrate, and the constitutional provisions should require that the Legislature set up uniform police courts.

Now we have police courts of different jurisdictions in different places. We have police courts in cities of different types, in cities of a particular class. We have police court laws, some of which affect only cities of a certain population within the particular class. We have separate laws relating to other police courts in other classes of cities. In some the procedure, both the initial procedure and the appellate procedure, may be found only by reference, and not statutory reference, to the practice which obtained many generations back in the courts for the trial of small causes.

MR. BROGAN: A sort of local law that nobody knows about?

MR. KAPELSOHN: It probably has been on the books for a long, long time, and it is practically impossible for the individual practioner even to determine what all the procedures are.

MR. SOMMER: How would you have a police court judge appointed?

MR. KAPELSOHN: We believe that police court judges should be appointed, first of all, not under a separate provision, but under the same provisions as are set up for the selection of other judges. In other words, whatever provision is made for the determination of the selection of other judges of other courts, the same provisions are to apply in connection with the appointment of police court judges.

MR. BROGAN: By the Governor?

MR. KAPELSOHN: Whatever provision is to be made for the determination and selection of judges in other courts, the same type of provision should apply to the appointment of judges of police courts.

Now, the C. I. O. has not taken a position for the purposes of this Convention on the question of appointment or election of judges. I am aware that on two previous occasions the C. I. O. did take a definite stand on that question, but while I have a personal opinion and belief in the matter, I am here speaking for the C. I. O. as such, and the organization has not passed a resolution on that particular question. But we do feel that whatever procedure is adopted for the selection of other judges should be applicable here.

MR. SMITH: Is that practical, considering the number of judges that there are throughout the State?

MR. KAPELSOHN: I don't see why not.

MR. SMITH: I am a layman. How many judges are you talking about?

MR. KAPELSOHN: Well, you have recorders and police courts in every municipality.

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