N.J. Constitutional Convention: Vol. 4, Page 567


PROPOSED REVISED CONSTITUTION OF 1944

Article V JUDICIAL

Section II

applicable to all of the courts in this State, and which shall have the force of law unless changed or abrogated by law.

Section III

1. The Superior Court shall consist of such number of justices as may be authorized by law, but not less than twenty-seven, each of whom may exercise the original jurisdiction of the court subject to rules of the Supreme Court. There shall be at least one Resident Justice of the Superior Court for each county who shall be appointed from the residents of the county and who shall reside in, and shall annually be assigned by the Chief Justice to sit in the law section of the Superior Court in said county, but who shall be subject to assignment, from time to time, to sit without the county, only, if and when his duties within the county shall not require his presence there.

2. The Superior Court shall have original general jurisdiction throughout the State in all cases.

3. The Superior Court shall be divided into

  • (1) a law section, to exercise civil and criminal jurisdiction at law; and matrimonial jurisdiction and jurisdiction in cases involving the allowance of alimony and maintenance and the custody of children, without jury trial; and  
  • (2) an equity and probate section, to exercise all other jurisdiction of the court,  
but either section shall exercise the jurisdiction of the other when the ends of justice so require. Each section of the Superior Court shall have such parts as may be provided by rules of the Supreme Court.

4. Any Justice of the Superior Court or an appellate division thereof may allow prerogative writs returnable in an appellate division which shall determine, in such manner as the rules of the Supreme Court may prescribe, and without a jury, questions of fact arising therein; or, when so prescribed by rules of the Supreme Court, the hearing may be in the first instance before a single justice, whose determination, both as to law and fact, shall be reviewable by an appellate division. On an application for any prerogative writ, the appellate division or the Justice of the Superior Court shall allow such writ as the case shall warrant.

Section IV

1. There shall be established in the Superior Court two or more appellate divisions as prescribed by rules of the Supreme Court. Each such appellate division shall consist of three Justices of the Superior Court who shall be assigned for that purpose by the Chief Justice of the Supreme Court and shall sit therein, solely, for three years. There may be established in the Superior Court, by rules of the Supreme Court, temporary appellate divisions as need appears.


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