N.J. Constitutional Convention: Vol. 4, Page 525


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

minds of the Ocean County group. There is a provision in here that this proposed Judicial Article shall take effect January 1, 1949. Section I of your Schedule provides that:

"Immediately after the adoption of this constitution, the Governor shall nominate and appoint, with the advice and consent of the Senate, a chief justice and six associate justices of the Supreme Court."

We wonder why you want these judges appointed immediately, assuming the Constitution will be adopted this fall, when they are not to take office until January 1, 1949. It seems to me that the elimination of the word "immediately" in paragraph 1 of the Schedule might overcome that objection.

In conclusion, I would like to say that we in Ocean County feel very strongly on the subject of the retention of an independent Court of Chancery in this State. We would like the power to appoint the Vice-Chancellors to continue to abide in the Chancellor, because we think it removes it further from political consideration than would be the case where the Vice-Chancellor is appointed by the Governor, subject to confirmation by the Senate.

We think we need a new Constitution in New Jersey in many respects, particularly with respect to an independent court of appeals, which you designate here as the Supreme Court. But I want to say to the members of the Committee that it is entirely possible that the Ocean County lawyers will go out as a group and endeavor to prevent the adoption of this Constitution if the abolition of the Court of Chancery is rammed down their throats, so to speak, and they have no choice but to adopt the Constitution with that in it or else reject it in order to avoid the abolition of the Court of Chancery.

Thank you for your time.

VICE-CHAIRMAN: Thank you. ... Mr. Burdell?

(Silence)

VICE-CHAIRMAN: Mr. Walsh?

May I remind you that we have asked that those who want to speak give their names to our Secretary, Mrs. Miller. If you haven't done so, will you please do so before we recess for lunch at 1:00 o'clock?

MR. JOSEPH F. WALSH: Mr. Chairman, members of the Committee:

My name is Joseph F. Walsh, member of the Essex County Bar Association, speaking here today as an individual. I will be very brief. Most of the remarks here today concerning age limitations have been intended to determine an age at which judges should retire. I direct the Committee's attention to Section V, paragraph 2, where limitation is placed on the age at which they can be appointed. I objected to this when my county bar association


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