N.J. Constitutional Convention: Vol. 4, Page 568


PROPOSED REVISED CONSTITUTION OF 1944

Article V JUDICIAL

Section IV

Each appellate division shall hear appeals from sections of the Superior Court designated by the rules of the Supreme Court. Appeals from the inferior courts shall be heard by an appellate division or in one of the sections of the Superior Court, as may be provided by law.

2. An appeal to an appellate division may be taken from any final order, judgment or decree of the Superior Court as a matter of right and from any preliminary or interlocutory order of the Superior Court when so provided by law. Appeals in cases involving restraints or the appointment of receivers shall, in whatever court pending, be preferred as to argument and disposition.

3. Appeals to the Supreme Court from any court may be taken only:

  • (1) In capital cases and cases involving a question arising under the Constitution of the United States or of this State, 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 dissent in an appellate division;  
  • (3) On certification by an appellate division; or  
  • (4) On certification by the Supreme Court to any court.  
In all other cases judgments and orders of an appellate division shall be final.

4. The Supreme Court and the appellate divisions of the Superior Court, in addition to their other powers, may set aside judgments at law, wholly or in part, where the finding of fact is against the weight of evidence or the verdict excessive or inadequate, and may affirm, reverse or modify orders, judgments or decrees in all cases and make final determination thereof, and exercise such original jurisdiction as may be incident to the final determination thereof, unless the ends of justice or the right of trial by jury shall require that a new trial or hearing be ordered.

Section V

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 every court of inferior jurisdiction, except that judges of inferior courts of civil and criminal jurisdiction may be elected in, or appointed by the governing body of, any county or municipality of the State when so provided by law.

2. The Chief Justice and each Associate Justice of the Supreme Court and each Justice of the Superior Court shall, prior to his appointment, have been an attorney-at-law of this State in good standing for at least ten years.

3. The Justices of the Supreme Court shall be appointed to hold office during good behavior without limited terms except as to age


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