N.J. Constitutional Convention: Vol. 4, Page 472


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

MR. SOMMER: You ought to start at the foundation, anyhow.

MR. TITZCK (continues reading):

"2. That there should be set up in each county a court similar to our present Common Pleas court, with original law and criminal jurisdiction, and that the president judge in each county shall have jurisdiction to issue prerogative writs. There should be at least one judge in each County, and as many judges as are required to take care of the original criminal and law jurisdiction with a plan for service of process in a County other than the County in which a suit is filed, whether it be handled by a State-wide court administration or by some procedure for serving process purely under County reciprocity."

In other words, whichever method can be worked out, the county courts are strongly supported, or a court similar to that type of court. (Continues reading):

"3. That the present system of approximately sixteen Circuit Court judges be abolished in view of the fact that their jurisdiction and duties will be taken over by the one or more county courts previously referred to.

4. That the Court of Chancery as it is now constituted, including the appointment of Vice-Chancellor, by the Chancellor, should not be disturbed."

I might say that while the committee as a whole felt that no separate Orphans' Court should be described in the Constitution, I myself felt that the Orphans' Court should be included under the jurisdiction of the Chancery Court and that the hearing judge should be in the nature of an advisory master. My personal reason, while I am testifying, for that is that very often you have an estate matter which you are handling in the Orphans' Court, and you must go over into the Chancery Court for interpretation on some points. It seems to me that the Orphans' Court certainly is so closely allied with Chancery jurisprudence that some procedure should be set up so that those matters should be referred and held under the original jurdisdiction of the Chancery Court. (Continues reading):

"5. That the Prerogative Court as now constituted under Article VI, Section IV, should be abolished.

6. That one appellate court should be set up consisting of not less than seven nor more than nine judges, with no divisions or branches, so that every litigant should have one appeal as a matter of right. That the appellate court should sit en banc and do nothing but hear appeals from the lower court."

One committee member, whom you will hear from later, Judge Madden, along with John A. Riggins, held a minority view on this question and feels there should be two appeals. Also, two committee members favor additional qualifications of members of the Court of Appeals so that judges should not be appointed to the Appellate Court unless they have had at least five years' experience in a judicial capacity in some other state court. (Continues reading):

"7. That the Court of Pardons as constituted under Article V, paragraph 10, of Constitution, should be abolished of all power to remit fines and forfeitures and grant pardons after conviction and that such power should be vested in the Governor.

8. That all judges of the constitutional courts, such as Chancellor, judges of such County Courts and appellate courts as are established shall


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