N.J. Constitutional Convention: Vol. 4, Page 473


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

be appointed by the Governor by and with the advice of the Senate, shall serve during good behavior, and shall be restricted from practicing law."

At the Bar Association meeting on July 10 they added one more qualification, and that was that all judges shall be duly licensed members of the bar of the State. That briefly sets forth the result of the efforts of the committee which was adopted at the Bar Association meeting. Judge Madden or Mr. Reiners have some points they would like to bring out specifically.

VICE-CHAIRMAN: Thank you very much.

MR. DIXON: May I ask this question? Would that recommendation be changed if at the time it was passed on July 10 you had before you this picture of a general court with an equity branch, a law branch, and an appellate branch?

MR. TITZCK: Well, I can't speak for all the members, but I certainly feel that with all the knowledge members of the bar, I know of the Camden County Bar, have had of the proposal such as has been made by this Committee, they were fully aware of that possibility. I am quite sure they wouldn't change their opinion.

MR. SOMMER: What was the line of argument by which you reached the conclusion that the power of appointment of Vice-Chancellors to which you specifically referred should be retained by the Chancellor? I know you say nothing about the possibility of appointment of judges of the courts of law by the Chief Justice. If it worked out so well in Chancery, why not equally well at law?

MR. TITZCK: That, again, is a question which has been debated all over the State, I guess.

MR. SOMMER: You would say it was largely a matter of tradition?

MR. TITZCK: Not tradition, no. I think, if you want a personal view, that the administration of a court such as the Chancery Court is freer from political pressure and bias by the appointment of Vice-Chancellors by the Chancellor. He is the one responsible for the actions of that court. I think the Chancellor should be more or less in an administrative capacity. He has a large enough job to do if he administers that court. If he is primarily appointed politically, let's put it that way, nevertheless, after he is appointed, he is certainly free from political influence to such an extent that he is interested in the functions of his court and the results of his court, so that he will make appointments without political pressure or fear of any actions that would affect him personally, and I think the will of the people is the net result of such a procedure.

MR. SOMMER: Would it not be equally true with respect to the Chief Justice and law courts?

MR. TITZCK: With respect to the Chief Justice and law courts possibly your administration is a little bit different. I am not opposed personally to having a Chief Justice make the appointments.


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