N.J. Constitutional Convention: Vol. 4, Page 41


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 V.
Appointment, Tenure and Removal

States, or of any instrumentality or political subdivision of either of them. No member of the Court of Appeals, of the Supreme Court, nor such other judicial office as may be provided by law, shall during his continuance in office engage in the practice of law or other gainful occupation.

6. Judges of inferior courts, other than Justices of Peace, Police Judges, Recorders, Magistrates, and the like, shall be appointed by the Governor by and with the advice and consent of the Senate. They shall hold their offices for such terms as may be fixed by law. The Legislature shall provide by general law for the appointment of all other judges.

Section VI.

1. The Chancellor and Chief Justice now in office shall continue in office for the term for which they were appointed. If re-appointed they shall hold office during good behavior. The Justices of Appeal first to be appointed shall be selected by the Governor, by and with the advice and consent of the Senate, from among the Justices of the Supreme Court, Vice-Chancellors and Circuit Court Judges now in office, and shall be so selected that no more than four members of the Court of Appeals as originally constituted shall be members of one political party. The Justices of the Supreme Court, Vice-Chancellors and Circuit Court Judges, and such of the Judges of the Court of Errors and Appeals as are counsellors at law of ten years' standing, shall become Justices of the Supreme Court as newly constituted and shall continue in office for the terms for which they severally were appointed. If re-appointed they shall hold office during good behavior.

2. This amendment to the Constitution shall not cause the abatement of any suit or proceeding pending when it takes effect. All causes then pending in the Court of Errors and Appeals shall be transferred to the Court of Appeals. All causes then pending in the Court of Chancery and the Prerogative Court shall be transferred to the Chancery Division of the Supreme Court; all causes then pending in the Supreme Court as heretofore constituted shall be transferred to the Law Division of the Supreme Court. Matters argued or submitted but undecided when this amendment takes effect shall be decided by the judge or judges to whom they were submitted, and the appropriate order, judgment or decree shall be entered as that of the division or court to whom the cause shall have been transferred.

3. The various inferior courts now in existence shall continue in existence with their jurisdiction unimpaired until the Legislature shall otherwise provide.

MR. McCARTER: I understood, when Mr. Jacobs sent me the very courteous invitation of this body, that the presentation was to be primarily objective rather than argumentative, informative rather than an effort to convince. So I will start off that way.

I might say that there are two theses back of this draft: first, that it is the Constitution that we are working on here, not legislation, and that nothing more should be in the Constitution than has to be there, and that a great deal should be left in the hands of the elected representatives of the people, for them to act on as the future may make it advisable. The second thesis might be said to be that we are not in favor of change for change's sake, and we think that where it is possible to hold on to forms and names that have been tried by time, they should be held on to. You will see, however, that we do make in our proposition some very radical changes, and I shall,


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