N.J. Constitutional Convention: Vol. 4, Page 584

MEMORANDUM OF G. W. C. McCARTER, Esq.

To the Honorable, The Constitutional Convention:

Pursuant to the leave given by the Judiciary Committee the enclosed draft of a judiciary article is submitted with explanatory notes. The draft is in italic and the notes in plain type. The draft was prepared by a committee of the State Bar Association in 1944 and has been slightly modified by a majority of the Committee on Law Reform. The notes are in the language of the undersigned.

Respectfully submitted, - G. W. C. McCarter

REVISED JUDICIAL ARTICLE NEW JERSEY CONSTITUTION AS PROPOSED IN 1944 BY STATE BAR ASSOCIATION COMMITTEE

SECTION I General

1. The judicial power shall be vested in a Court of Appeals (1)1 The numbered references are to the notes in regular type following the italic type., a Court for the Trial of Impeachments, a Supreme Court, and such courts inferior to the Supreme Court as now exist and as may be hereafter ordained and established by law; which inferior courts the Legislature may alter or abolish, as the public good shall require (2).

(1) For New Jersey this is a better name for the court of last resort than Supreme Court, which in this State has never been the highest court. So to name that court now would cause confusion between the "old" Supreme Court and the new one. To call the court of last resort the Supreme Court, instead of simplifying practice will complicate it. In citing decisions as authority it will be necessary to distinguish between decisions of the old Supreme Court and the new - and with no countervailing benefit to litigants. No confusion would result if the name of the court of last resort were shortened to "Court of Appeals," its name in the Constitution of 1776.

The suggestion that the inferior courts be described as of "limited jurisdiction" would be to invite litigation over whether or not a particular inferior court is of limited jurisdiction.

(2) The 1944 draft merged the county courts with the statewide court of general jurisdiction, called in that draft the Superior Court, which we hope will be called the Supreme Court. We feel


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