N.J. Constitutional Convention: Vol. 4, Page 592



SECTION V Appointment, Tenure and Removal

been such for at least a year (18), and when so chosen shall, except as to those first to be appointed, create a vacancy in the Supreme Court.

2. The Chancellor, the Chief Justice and the Justices of the Supreme Court shall, when first appointed, hold office for seven years, and if re-appointed shall thereafter hold office during good behavior. The Justices of Appeal shall hold office during good behavior.

3. All judicial officers shall be subject to impeachment. All judicial officers except the Chancellor, the Chief Justice, and the Justices of Appeal may be removed from office by the Court of Appeals after notice and hearing upon the issue of good behavior (19).

4. Anything herein contained to the contrary notwithstanding, the term of office of any judge shall end on the first day of January next after he shall have attained the age of seventy-five years (20).

5. Justices and judges of every court shall, at stated times, receive for their services such salary as may be provided by law, which shall not be diminished during their term of appointment. They shall hold no other office or position of profit in the government of this State, or of the United States, or of any instrumentality or political subdivision of either of them. No member of the Court of Appeals, of the Supreme Court, nor such other judicial office as may be provided by law, shall during his continuance in office engage in the practice of law or other gainful occupation.

6. Judges of inferior courts, other than justices of peace, police judges, recorders, magistrates, and the like shall be appointed by the Governor by and with the advice and consent of the Senate. They shall hold their offices for such terms as may be fixed by law. The Legislature shall provide by general law for the appointment of all other judges.

(18) The purpose of this is to ensure that the Court of Appeals be not filled up with men without court experience as counsellors or judges. Of course, the Chancellor and Chief Justice can be appointed from the bar.

(19) Note that any judge may be impeached, but an alternative is provided for.

(20) 75 is young enough, 70 is too young.


1. The Chancellor and Chief Justice now in office shall continue in office for the term for which they were appointed. If reappointed they shall hold office during good behavior. The Justices of Appeal first to be appointed shall be selected by the Governor,

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