N.J. Constitutional Convention: Vol. 4, Page 505


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON THE JUDICIARY
Wednesday, July 30, 1947 (Morning session)

the provision that provides for the power of removing judges who are incapable of holding office, for we feel, too, that impeachment is too cumbersome and is seldom used.

We would also, at this time, like to express the fact that we are sorry the county courts have not been included in the state system, for the simple reason that we feel there is evil in having judges serve only part-time and continue their law practice at the same time. We should like to compliment the Judiciary Committee on their entire draft for the new Constitution and we have complete confidence in the legal brains that have handled the more technical aspects of this report.

VICE-CHAIRMAN: Thank you, Mrs. Flink... Mr. Davis?

MR. JOSEPH A. DAVIS: Gentlemen, my name is Joseph A. Davis. I am a lawyer practicing in the City of Jersey City, and have been admitted to the practice of law for 19 years. I have here the newspaper copy of the proposed Judicial Article, which I have examined and about which I should like to speak. I would like to say that although this Judicial Article has been available to me for my examination only since Friday of last week, when it appeared in the Newark News, and Saturday also, the subject of constitutional revision, with particular emphasis on the revision of the Judiciary Article, is a matter to which I have given a great deal of study ever since the recent movement began back about 1941. So, for what it may be worth, I should like to tell you ladies and gentlemen that these are not "weekend conclusions" which I have formed.

I desire first of all to say this. I will take up various sections and paragraphs of this Judicial Article, and I do so with the feeling that if my alternative suggestions, which I shall give in conclusion, may not prove acceptable, then if this Judicial Article, or something like it, is to be adopted and reported to the Convention, I would like to see it changed in certain respects, which I shall comment upon.

Just by way of a few prefatory remarks, I would like to touch upon one or two matters which have been mentioned here this morning which I deem important. There has been some mention by laymen appearing before this Committee, about the great expense of litigation. I think the lawyer members of this Committee, and the lawyers who have testified here this morning, will agree with me that it makes very little difference just what system of justice is adopted. The actual court costs, or litigating costs, including the cost of printing on appeal, are a rather insignificant portion of the total cost to the client. The total cost to the client is principally due to the fact that the lawyer who represents the client has to be paid, and lawyers under the 1844 Constitution, or


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