N.J. Constitutional Convention: Vol. 4, Page 587


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


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

SECTION III Court for the Trial of Impeachment

(as now)

SECTION IV The Supreme Court

1. The Supreme Court shall consist of the Chancellor, the Chief Justice of the Supreme Court and thirty Associate Justices (8). The number of Associate Justices may be increased or decreased by law but shall never be less than twenty (9).

2. The Supreme Court shall be vested with all the jurisdiction and power heretofore vested by the Constitution in the Court of Chancery, the Chancellor, the Prerogative Court, the Ordinary or Surrogate General, the Supreme Court, and the Justices thereof (10).

3. For the more convenient dispatch of business the Supreme Court shall be organized in two divisions, the Chancery Division and the Law Division (11).

4. The Chancery Division shall, subject to the provisions hereof, exercise the jurisdiction heretofore vested in or capable of being exercised by the Court of Chancery, the Chancellor, the Prerogative Court and the Ordinary or Surrogate General. The Law Division shall exercise all the remaining jurisdiction of the Supreme Court as herein constituted (11).

5. The Chancery Division shall consist of the Chancellor and such number (12) of Associate Justices as shall be assigned thereto. The Law Division shall consist of the Chief Justice and such Associate Justices as shall not be assigned to the Chancery Division.

6. In both the Chancery and Law Divisions all appeals from inferior tribunals and such other matters as, subject to law, the rules of the Supreme Court may provide, shall be heard before three Justices sitting together, which bench of three Justices shall be called an Appellate Court. Subject to law, rules of the Supreme Court may provide that any judgment, decree or order of a single Justice may be reviewed by an Appellate Court (13).

7. Without prejudice to the provisions of this Constitution relating to the distribution of business in the Supreme Court, all jurisdiction vested in the Supreme Court shall belong to each division alike, and subject to the provisions hereof relative to Appellate Courts, may be exercised by a single Justice (11).

8. Subject to rules of the Supreme Court every controversy shall be fully determined by the Justice hearing it (11).

9. The Chancellor and the Chief Justice shall be appointed as such. Associate Justices of the Supreme Court shall be appointed to either the Chancery or Law Division and, subject to liability


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