N.J. Constitutional Convention: Vol. 4, Page 600
have power to make general rules of pleading, practice and procedure for all the courts, subject to law. The court shall hold continuous yearly terms.
- 3. The Supreme Court will have original general jurisdiction in all cases and will consist of such number of judges as may be provided by law. It is to be divided into a Law Section, exercising original civil and criminal jurisdiction at law, an Equity and Probate Section, exercising all other original jurisdiction, and an Appellate Section, exercising appellate jurisdiction. The Court of Appeals, by rule, may provide for parts in each section. Each of the sections of original jurisdiction will be required to exercise the jurisdiction of the other, in order that every controversy be fully determined by the judge hearing it. Equity is to prevail in the event of a conflict or variance between equity and common law.
- 4. The justices of the Court of Appeals and the judges of the Supreme Court will be appointed by the Governor, with the advice and consent of the Senate, for terms of seven years, and if reappointed, to hold office during good behavior. Appointees shall be required to have ten years' standing as an attorney at law. Members of both courts are to devote full time to their duties.
- 5. All members of the Court of Appeals and of the Supreme Court shall retire at or prior to the age of 75 years. Any justice or judge, having tenure, who retires at or after the age of 70 years is to receive a pension in an amount to be fixed by law, but not less than two-thirds of salary.
- 6. Justices of the Court of Appeals are to be removable for misbehavior upon impeachment by the Assembly and trial and conviction by the Senate, by a two-thirds vote of the members sitting, fifteen to be a quorum and a minimum of eleven required for conviction. Judges of all other courts, except those appointed or elected locally, are to be removable for misbehavior upon impeachment by the Assembly and trial by the Court of Appeals, with five votes necessary for conviction.
- 7. The Chief Justice is to assign the judges of the Supreme Court to the sections and parts of the court from time to time, but assignment of the appellate section shall be for terms of three years, the judges to be assigned for exclusive duty therein.
- 8. All prerogative writs are abolished. An appeal as of right is substituted for the remedy heretofore afforded by certiorari to review determinations of statutory tribunals and inferior courts. All other relief heretofore available by any of the prerogative writs is to be afforded by a civil action as of right. Issues of fact arising in any such proceeding are to be triable without a jury.
- 9. All determinations, final or interlocutory, of inferior courts, and final determinations of statutory tribunals, are to be appealable as of right to the Supreme Court, to be heard in the Appellate
Previous Page in Book ********* Table of Contents *********** Next Page in Book