N.J. Constitutional Convention: Vol. 4, Page 591


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


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


SECTION IV The Supreme Court

one division to be assigned to the other temporarily - hence the provision to that end.

Essentially, the Chancellor is retained with the powers given because we believe that a more efficient administration of the courts can be had if not all administrative power is concentrated in one man as in the 1944 draft. The present Chancellor can tell you of the extent of his administrative labors which cover only Chancery and the Prerogative Court. The present Chief Justice can do the same. And the duties contemplated by the new Constitution will exceed the sum of the duties now imposed on both the Chancellor and Chief Justice. So we feel all administrative duties had better not be concentrated in one man. When we turn to paragraph 12 of the draft, we shall see that power and responsibility are sufficiently concentrated. If the Chancellor and Chief Justice cannot agree upon the temporary assignment of a Justice from one division to the other - probably the only matter when they might be expected to disagree - the senior Justice of Appeal is provided as an umpire.

(15) The Rules Commission here proposed is better than the Court of Appeals for that purpose. The judges of the court of last resort are apt to be off in an ivory tower and not as well qualified to deal with matters of procedure as a tribunal containing some members of the great court of original jurisdiction. On this ask any trial judge in equity or law. The inclusion of the two counsellors-at-law is designed to give the practicing bar, which must make the rules work for the benefit of their lay clients, something to say. All interests are represented. Nine do not make too large a quasi-legislature body.

(16) Something should be added here to make sure that the rules to be adopted shall supersede any existing practice, whether rule of court, statute or construction of the Constitution of 1844, e.g., the prerogative writ problem.

(17) This has been so fully discussed in note (14) that all we shall say is that while an administrative director of the courts is desirable, he need not be a constitutional officer. All that need be in the Constitution is sufficient authority to compel reports, etc., from the constitutional judges. That is found in paragraph 12 of the draft.

SECTION V Appointment, Tenure and Removal

1. The Chancellor, the Chief Justice, Justices of Appeal, and Justices of the Supreme Court shall be counsellors-at-law of ten years' standing. They shall be appointed by the Governor by and with the advice and consent of the Senate. The Justices of Appeal shall be chosen from the Justices of the Supreme Court who have


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