N.J. Constitutional Convention: Vol. 4, Page 531

STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947

COMMITTEE ON THE JUDICIARY

Wednesday, July 30, 1947 (Afternoon session)

(The session began at 2:15 P. M.)

PRESENT: Brogan, Dixon, Drenk, Jacobs, McGrath, McMurray, Miller, G. W., Peterson, H. W., Smith, G. F., Sommer and Winne.

VICE-CHAIRMAN NATHAN L. JACOBS: The meeting will come to order. Mr. LeDuc was speaking when we adjourned.

MR. LOUIS B. LeDUC: In the matter of nomenclature I have some support - it is the suggestion of George McCarter - that instead of Equity Division we use the phrase Chancery Division. Admittedly, Chancery is not antithetical to law, but nonetheless, it denotes something that is dear to a certain group. It suggests that the judges who sit in the Chancery Division -

MRS. GENE W. MILLER: Mr. LeDuc, will you speak into the microphone?

MR. LeDUC: I'll try. It suggests that the judges who sit in those positions will be called Vice-Chancellors and that the presiding judge will be a Chancellor, and I think that the use of the word is amply justified by tradition and custom.

I proceed with one further suggestion. The speakers who have gone before me have urged a later age limit on retiring judges. Personally, I favor it myself. But may I not suggest that particular injustice is done to present incumbents who are eligible to office on the highest courts except for the fact that they will be precluded by the overtaking hand of age? One of our more distinguished judges will be over 70. May I not suggest that, at least in that particular, the age limit should be 75? I think it's not only a compromise but a matter of principle, because we followed throughout the idea that the adoption of this Constitution is not going to disturb the present terms of our judicial officers.

Now, in the little time that I propose to take, may I refer to the insistence of Mr. Ewart upon the reservation in the Chancellor of the power to select his own Vice-Chancellors? Of course, that's part of the argument for a separate Court of Chancery. I get it particularly in the addresses before you of Judge Kremer and of our distinguished Chancellor, that a Court of Chancery is a court of conscience; that the conscience of the court resides in the Chancellor; and that in choosing the assistants who will help him in


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