N.J. Constitutional Convention: Vol. 4, Page 445


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON THE JUDICIARY
Thursday, July 10, 1947 (Afternoon session)

Mr. Chief Justice Brogan, I had the same problem and did not altogether solve it to my satisfaction as State Commissioner of Alcoholic Beverage Control. By statute I was authorized to hear cases. I had general policies with respect to penalties that should be imposed. The municipalities exercised concurrent jurisdiction in a certain level, subject to an appeal to the Commissioner. We found that we achieved reasonable uniformity through the process of education, backed up by the fact that the Commissioner had rule-making authority. The Commissioner could confer jurisdiction or he could take it away. He also had appellate jurisdiction.

MR. McGRATH: If the Chief Justice, then, were the judge of all the criminal courts, he would have the authority from time to time to call the judges into consultation, go over the sentences and correct any inequalities insofar as the future or insofar as an opinion would go. He could not correct the sentence.

GOVERNOR DRISCOLL: Judge McGrath, I do not think that he would have the right to change a sentence.

MR. McGRATH: No, but he could talk it over.

GOVERNOR DRISCOLL: But he would have the privilege of consulting with the trial judges and calling attention to an apparent disparity in a particular sentence.

VICE-CHAIRMAN: Any further questions of Governor Driscoll?

MR. McGRATH: I think we should give the Governor a rising vote of thanks.

VICE-CHAIRMAN: I think so. He has been very helpful.

(A rising vote of thanks was extended the Governor)

(The session adjourned at 3:40 P. M.)


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