N.J. Constitutional Convention: Vol. 4, Page 40

Tuesday, June 24, 1947 (Afternoon session)

Section IV.
The Supreme Court

8. Subject to rules of the Supreme Court every controversy shall be fully determined by the Justice hearing it.

9. The Chancellor and the Chief Justice shall be appointed as such. Associate Justices of the Supreme Court shall be appointed to either the Chancery or Law Division and, subject to liability to temporary assignment, shall remain for their terms of office assigned to the division to which they shall have been appointed. The Chancellor, the Chief Justice, and the Senior Justice of Appeal, or a majority of them, may temporarily assign justices to a division other than that to which they may have been appointed and, from time to time, re-assign them as the business of the court may require.

10. There shall be a Rules Commission, consisting of the Chancellor, the Chief Justice, the Senior Justice of Appeal, four Justices of the Supreme Court, two appointed by the Chancellor and two by the Chief Justice, and two Counsellors at Law appointed by the Governor. All such appointments shall be at the pleasure of the appointing power. The Rules Commission shall be convened and presided over by the Chancellor, or, in his absence or failure for any reason to act, by the Chief Justice. The Rules Commission shall make rules for the assignment of any cause to the Chancery Division or the Law Division, the transfer of any cause or issue from the Law Division to the Chancery Division, from the Chancery Division to the Law Division, and from an inferior Court to the Supreme Court and the appropriate Division thereof; rules as to the administration of all the Courts, and, subject to law, as to pleading, practice and evidence in all causes, and rules as to all matters as to which by this Constitution rules of the Supreme Court may be made.

11. The Supreme Court shall appoint and remove the Clerk of the Supreme Court who shall hold office during its pleasure. Such Clerk shall succeed to the duties heretofore performed by the Clerk of the Supreme Court, Clerk in Chancery and Register of the Prerogative Court.

12. The Chancellor shall be administrative head of the Chancery Division, and the Chief Justice of the Law Division. As such they shall have power to assign the Justices of their respective divisions to specific duties and causes, and to prescribe records and reports from them and from inferior courts and judicial officers.

Section V.

Appointment, Tenure and Removal

1. The Chancellor, the Chief Justice, Justices of Appeal, and Justices of the Supreme Court shall be counsellors at law of ten years' standing. They shall be appointed by the Governor by and with the advice and consent of the Senate. The Justices of Appeal shall be chosen from the Justices of the Supreme Court who have been such for at least a year, and when so chosen shall, except as to those first to be appointed, create a vacancy in the Supreme Court.

2. The Chancellor, the Chief Justice and the Justices of the Supreme Court shall, when first appointed, hold office for seven years, and if reappointed shall thereafter hold office during good behavior. The Justices of Appeal shall hold office during good behavior.

3. All judicial officers shall be subject to impeachment. All judicial officers except the Chancellor, the Chief Justice, and the Justices of Appeal may be removed from office by the Court of Appeals after notice and hearing upon the issue of good behavior.

4. Anything herein contained to the contrary notwithstanding, the term of office of any judge shall end on the first day of January next after he shall have attained the age of seventy-five years.

5. Justices and judges of every court shall, at stated times, receive for their services such salary as may be provided by law, which shall not be diminished during their term of appointment. They shall hold no other office or position of profit in the government of this State, or of the United

Previous Page in Book ********* Table of Contents *********** Next Page in Book