N.J. Constitutional Convention: Vol. 4, Page 588



SECTION IV The Supreme Court

to temporary assignment, shall remain for their terms of office assigned to the division to which they shall have been appointed. The Chancellor, the Chief Justice, and the Senior Justice of Appeal, or a majority of them, may temporarily assign Justices to a division other than that to which they have been appointed and, from time to time, re-assign them as the business of the court may require (14).

10. There shall be a Rules Commission, consisting of the Chancellor, the Chief Justice, the Senior Justice of Appeal, four Justices of the Supreme Court, two appointed by the Chancellor and two by the Chief Justice, and two counsellors-at-law appointed by the Governor (15). All such appointments shall be at the pleasure of the appointing power. The Rules Commission shall be convened and presided over by the Chancellor, or, in his absence or failure for any reason to act, by the Chief Justice. The Rules Commission shall makes rules for the assignment of any cause to the Chancery Division or the Law Division, the transfer of any cause or issue from the Law Division to the Chancery Division, from the Chancery Division to the Law Division, and from an inferior court to the Supreme Court and the appropriate division thereof; rules as to the administration of all the courts, and subject to law, as to pleading, practice and evidence in all causes, and rules as to all matters as to which by this Constitution rules of the Supreme Court may be made (16).

11. The Supreme Court shall appoint and remove the Clerk of the Supreme Court who shall hold office during its pleasure. Such Clerk shall succeed to the duties heretofore performed by the Clerk of the Supreme Court, Clerk in Chancery and Register of the Prerogative Court.

12. The Chancellor shall be administrative head of the Chancery Division, and the Chief Justice of the Law Division. As such they shall have power to assign the Justices of their respective divisions to specific duties and causes, and to prescribe records and reports from them and from inferior courts and judicial officers (17).

(8) The presence of both the Chancellor and Chief Justice on the Supreme Court as well as the Court of Appeals is because of their administrative functions. In the 1944 draft, where the Chief Justice had all the administrative power, he was called a member of the court of last resort only. Nevertheless he was in effect a member of every court in the State, given as he was such power and control over every court. Where the administrative responsibility is given it is well to confer the right to observe the workings of the court from the inside by occasionally sitting as a member thereof if desired. For a discussion on the retention of the Chancellor see note (14).

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