N.J. Constitutional Convention: Vol. 4, Page 39


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON THE JUDICIARY
Tuesday, June 24, 1947 (Afternoon session)
PROPOSED REVISED JUDICIAL ARTICLE
-  NEW JERSEY CONSTITUTION

Section II.

The Court of Appeals

1. The Court of Appeals shall consist of the Chancellor, the Chief Justice of the Supreme Court and five Justices of Appeal, or a major part of them.

2. The Court of Appeals shall be vested with all jurisdiction and power heretofore vested in the Court of Errors and Appeals, and such additional appellate jurisdiction as the Legislature may by general prospective act provide. The Legislature may by general prospective act empower the Court of Appeals to provide by rule that appeals be taken only by its leave. The Court of Appeals may by rule designate one or more of its members to pass on applications for leave to appeal, applications to continue or dissolve restraints, or other interlocutory matters.

3. The Secretary of State shall be clerk of this court.

4. No member of the Court of Appeals who has given a judicial opinion in the cause in favor of or against any matter complained of shall sit as a member or have a voice on the hearing or for its affirmance or reversal, but the reasons for such opinion shall be assigned to the court in writing.

5. Whenever by reason of disability, disqualification or absence a majority of the Court of Appeals shall not be available, the Court of Appeals may temporarily assign one or more Justices of the Supreme Court to the Court of Appeals.

Section III.

Court for the Trial of Impeachments

(as now)

Section IV.

The Supreme Court

1. The Supreme Court shall consist of the Chancellor, the Chief Justice of the Supreme Court and thirty Associate Justices. The number of Associate Justices may be increased or decreased by law but shall never be less than twenty.

2. The Supreme Court shall be vested with all the jurisdiction and power heretofore vested by the Constitution in the Court of Chancery, the Chancellor, the Prerogative Court, the Ordinary or Surrogate General, the Supreme Court, and the justices thereof.

3. For the more convenient dispatch of business the Supreme Court shall be organized in two divisions, the Chancery Division and the Law Division.

4. The Chancery Division shall, subject to the provisions hereof, exercise the jurisdiction heretofore vested in or capable of being exercised by the Court of Chancery, the Chancellor, the Prerogative Court and the Ordinary or Surrogate General. The Law Division shall exercise all the remaining jurisdiction of the Supreme Court as herein constituted.

5. The Chancery Division shall consist of the Chancellor and such number of Associate Justices as shall be assigned thereto. The Law Division shall consist of the Chief Justice and such Associate Justices as shall not be assigned to the Chancery Division.

6. In both the Chancery and Law Divisions all appeals from inferior tribunals and such other matters as, subject to law, the rules of the Supreme Court may provide, shall be heard before three Justices sitting together, which bench of three Justices shall be called an Appellate Court. Subject to law, rules of the Supreme Court may provide that any judgment, decree or order of a single Justice may be reviewed by an Appellate Court.

7. Without prejudice to the provisions of this Constitution relating to the distribution of business in the Supreme Court, all jurisdiction vested in the Supreme Court shall belong to each division alike, and subject to the provisions hereof relative to Appellate Courts, may be exercised by a single justice.


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