N.J. Constitutional Convention: Vol. 4, Page 595
(Excerpted from the League's brochure on recommended constitutional changes, submitted to the Constitutional Convention in June, 1947)
No part of the present New Jersey Constitution is more in need of complete revision than that pertaining to the Judiciary. The present antiquated court system is characterized by a multiplicity of courts, overlapping functions of judges, and lack of unified administrative direction. Jurisdictional confusion, delayed decisions and excessive cost to litigants have been the inevitable result.
The Judiciary Article which follows is designed to remedy these evils. It has been carefully drafted with the aid of expert legal advice to present, in language appropriate to a Constitution, a complete judicial system, and it is presented as a whole. Its purpose is to establish a simple, efficient and unified court system administered by judges of the highest calibre in which justice may be obtained within a reasonable period of time, and at a reasonable cost.
1. The judicial power shall be vested in a Court of Justice, consisting of a Supreme Court and a General Court. The Legislature may create municipal courts, with jurisdiction over municipal law, from which appeal may be taken to the General Court.
2. In all matters in which there is any conflict or variance between equity and common law, equity shall prevail, and subject to the rules of the Supreme Court every controversy shall be fully determined by the justice hearing it.
3. The Supreme Court shall sit in continuous session. All other courts shall hold such terms as may be fixed by rules of the Supreme Court.
1. The Supreme Court shall exercise appellate jurisdiction in the last resort in all causes subject to the limitations imposed by this constitution. It shall consist of a Chief Justice and six associate justices. Five members of the court shall constitute a quorum. The presiding justice of the court shall designate a justice of the General Court to serve temporarily when necessary to constitute a quorum.
2. The Supreme Court shall make rules as to the administration of all the courts, and subject to law, as to pleading, practice and evidence in all the courts. The Court shall also have jurisdiction over the admission to the practice of the law and the discipline of persons admitted.
1. The General Court shall consist of such number of justices as may be authorized by law, but not less than fifty, each of whom shall exercise
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