N.J. Constitutional Convention: Vol. 4, Page 562


REPORT OF THE COMMISSION ON REVISION OF THE NEW JERSEY CONSTITUTION


TEXT OF PROPOSED REVISED CONSTITUTION

Article V JUDICIAL

Section IV Appeals and Appellate Divisions

perior Court and such additional appeals from inferior courts as may be provided by law. Such justices shall be annually assigned for that purpose by the Chief Justice of the Supreme Court.

2. An appeal to an appellate division may be taken as a matter of right from any order of the Superior Court. Appeals in cases involving restraints or the appointment of receivers shall, in whatever court pending, be preferred as to argument and disposition.

3. Judgments and orders of an appellate division shall be final, subject to an appeal to the Supreme Court. Appeals to the Supreme Court may be taken only:

  • (1) In capital cases and cases involving a constitutional question, which appeals shall be taken directly to the Supreme Court and shall be preferred as to argument and disposition;  
  • (2) In the event of a dissenting opinion in an appellate division;  
  • (3) On certification of an appellate division; or,  
  • (4) On certification by the Supreme Court to any court.  

4. The appellate courts, in addition to considering questions of law, may also set aside judgments, wholly or in part, where the finding of fact is against the weight of the evidence, or the verdict is excessive or inadequate. The appellate courts may exercise such original jurisdiction as may be incident to the complete determination of the controversy.

Section V Judicial Officers

1. The Governor shall nominate and appoint, by and with the advice and consent of the Senate, the Chief Justice and associate justices of the Supreme Court, the justices of the Superior Court, and the judges of any inferior court with jurisdiction extending to more than one municipality. The Legislature shall provide by law for a uniform method of appointment of all other judges.

2. Each justice of the Supreme Court shall, prior to his appointment, have been a justice of the Superior Court for at least one year. Justices of the Superior Court shall, prior to their appointment have been counsellors at law in good standing for at least ten years.

3. The Chief Justice and associate justices of the Supreme Court shall be appointed to hold office during good behavior. Justices of the Superior Court shall hold office for a term of seven years and if reappointed shall thereafter hold office during good behavior. The issue of good behavior shall, with respect to justices of the Supreme Court, be triable by the Senate, and with respect to all other justices or judges of any court shall be triable by the Supreme Court. No justice or judge of any court shall continue in office after he has attained the age of seventy years.


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