N.J. Constitutional Convention: Vol. 4, Page 599
(Submitted June 5, 1947)
In accordance with the resolution of the Essex County Bar Association adopted March 18, 1947, the undersigned were constituted a Committee of the Association to study the subject of revision of the Judicial Article of the Constitution and to submit a report on its research to the Association by way of information and education together with specific recommendations where deemed desirable. The present report is the result of the Committee's deliberations and research conducted pursuant thereto.
The primary object of the Committee has been to assemble such information and data, within the limited time available, as bears upon the essentials of a judicial article and to set forth objectively all pertinent considerations advanced by the members of the Committee, as well as others. The work has been necessarily confined to fundamentals, and it does not purport to embrace every subject which might conceivably be appropriate to a judicial article, nor does it undertake to deal with the details of transition from the existing to a new Constitution.
The report is divided into two major sections, one of which states summarily, and without pretense of employment of constitutional language, a series of recommendations, each of which was adopted by a majority of the Committee voting thereon, while the other consists of information and presentation of general points of view. Appended as part of the first section is a summary of the extent of unanimity of the Committee on each proposition and the major alternative proposals submitted by various minorities of the Committee.
A majority of the Committee subscribes to each of the following propositions:
- 1. The judicial power is to vest in a Court of Appeals, a Supreme Court, and in inferior courts of limited jurisdiction which may be established, altered and abolished by law.
- 2. The Court of Appeals is to be the appellate tribunal of last resort. It is to consist of seven justices, six associate justices and one Chief Justice, five of its members constituting a quorum. It shall
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