N.J. Constitutional Convention: Vol. 4, Page 463


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON THE JUDICIARY
Thursday, July 24, 1947 (Morning session)

certiorari in the Supreme Court, and then appeal to the Court of Appeals?

MR. LOMBARD: No, I have discussed that before at the time that I was working on these matters, and I have discussed it as recently as today. It seems to me that there is no reason why at least one of those steps should not be eliminated; at least one, if not two.

MR. SOMMER: Do you happen to know how many opinions the Chancellor had personally rendered in that year and a half?

MR. LOMBARD: No I don't. I was asked that question by the Monmouth County Bar Association, who tried to get some idea of the volume. I went back to some papers I kept, my own memoranda, and I know that I had in my files in that year and a half, 75 memoranda. Those do not include, by any means, the number of cases that came in, but were those in which a serious memorandum was required of me.

MR. SOMMER: No, but the question I am asking is, in how many cases did the Chancellor himself render an opinion in that year and a half?

MR. LOMBARD: That I don't know.

MR. SOMMER: Do you know of any?

MR. LOMBARD: Well, while I was up there - I speak with reference to that year and a half that I was up there - I recall that at that time the Chancellor then - not the present Chancellor - rendered, if I recall correctly, exactly one opinion, in a case in which he had acted solely as an administrative officer for the court.

MR. SOMMER: So that the Chancellor becomes very largely an administrative officer?

MR. LOMBARD: The Chancellor has, yes, sir.

MR. SOMMER: And the old practice of having opinions rendered by Vice-Chancellors reviewed by the Chancellor no longer prevails, does it? As a practice?

MR. LOMBARD: As a practice, I really don't think it does.

VICE-CHAIRMAN: Any further questions?

MR. KREMER: May I interrupt for just a moment? I don't think you will want this on the record, but I just wanted to say that Mr. Harold McDermott, of Freehold, who is a former president of our Bar Association, and a member of this committee, asked me if I would be so good as to state to the Committee that because of his ill-health, he is unable to be here today, and he wanted me to express his regrets.

VICE-CHAIRMAN: The only other witness this morning is, I understand, Mr. St. Clair, who has asked to appear before the Committee. You will recall that he is the gentleman who wrote a letter to the Committee with respect to a particular proceeding and we indicated that he could appear before us today.


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