N.J. Constitutional Convention: Vol. 4, Page 566

PROPOSED REVISED CONSTITUTION OF 1944

(Agreed upon by the 168th Legislature and submitted to the electorate on November 7, 1944, and defeated)

(EXCERPTS RELATING TO THE JUDICIAL ARTICLE)

Article V JUDICIAL

Section I

1. The judicial power shall be vested in a Supreme Court and in a Superior Court and in inferior courts of original limited jurisdiction, which inferior courts may from time to time be established, altered and abolished by law. Such inferior courts may be integrated with the Superior Court in any manner and to any extent, not inconsistent with this Constitution, as may be provided by law.

2. In all matters in which there is any conflict or variance between equity and common law, equity shall prevail and, subject to rules of the Supreme Court, every controversy shall be fully determined by the court or justice hearing it.

3. The Supreme Court shall sit at the seat of the State Government and the Superior Court shall sit in each county except the appellate divisions thereof which shall sit at the seat of the State Government and at such other places as the Chief Justice of the Supreme Court may designate.

4. The Supreme Court and the appellate divisions of the Superior Court shall hold continuous yearly terms, and the sections of the Superior Court shall hold such terms as may be fixed by rules of the Supreme Court.

Section II

1. The Supreme Court shall consist of seven justices, namely: one Chief Justice and six Associate Justices. Five members of the court shall constitute a quorum. The Chief Justice or, in his absence, the justice of the court presiding as provided by law shall designate a justice or justices of the Superior Court to serve temporarily when necessary to constitute a quorum.

2. The Supreme Court shall exercise appellate jurisdiction in the last resort in all cases designated in this Constitution. The court may, by certiorari allowed by the court or any justice thereof, review any indictment, before trial, according to law. The court shall also have jurisdiction of the admission to the practice of law and the discipline of persons admitted.

3. The Supreme Court shall make rules governing the administration of all of the courts in this State. It shall have power, also, to make rules as to pleading, practice and evidence, which may be


Previous Page in Book ********* Table of Contents *********** Next Page in Book