N.J. Constitutional Convention: Vol. 4, Page 541


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

County, and you may have the same fight from other smaller counties. After all, there are nine of those counties. I think you should give due consideration to the fact that our normal every-day procedure in our county courts is going to be, let's say, emasculated.

Speaking for myself alone, and anyone else who wants to join me, about the justice of the peace angle, we know in the larger counties the justice of the peace is a non-existent problem. In the small counties - that is where our small cause cases are tried - we have to live with them. We have to put up with them, and it has been my suggestion - and I don't know whether or not our bar association went along with it or had nerve enough to come out and say they were against them; the matter was pigeonholed - but I think it would be wise to eliminate the justice of the peace in his present status. If you want to have a justice of the peace in the small counties, let us have one with qualifications of being a lawyer. For instance, yesterday I found that in my county the age of minority is now 18 and not 21 just because the justice of the peace decided that that was what he was going to rule in that particular case.

Now, look at it from this angle. For one person who is touched by our highest courts, there are thousands who are touched by our justices of the peace. If you want to give some real relief, there's the place to do it.

Thank you very much.

VICE-CHAIRMAN: Thank you, sir.

Is there anyone in addition to Mr. Davis who wants to be heard this afternoon?

MEMBER OF AUDIENCE: Mr. Carey wanted to be heard. Let me see if I can find him.

VICE-CHAIRMAN: Anyone other than Mr. Davis? If there is no one else, we will devote the rest of the afternoon to Mr. Davis.

MR. JOSEPH A. DAVIS: Mr. Chairman, if Judge Carey is expected, I prefer to wait.

VICE-CHAIRMAN: We'll see. I don't think he wants to come. Apparently they are trying to persuade him.

MRS. MILLER: I have a copy of his statement.

MR. DAVIS: I defer to Judge Carey with pleasure.

VICE-CHAIRMAN: Judge Carey.

MR. ROBERT CAREY: Mr. Chairman, and members of the Committee:

I have just been invited at the door to say a few words to fill the gap that at present exists in the conference of eloquence that you folks have been feasting upon. Now, I only want to say one word that I think ought to be considered by you gentlemen and you lady member of the Committee.

I didn't come here to discuss your problems. I haven't given


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