N.J. Constitutional Convention: Vol. 4, Page 602


REPORT OF THE SPECIAL COMMITTEE OF ESSEX COUNTY BAR ASSOCIATION CONCERNING CONSTITUTIONAL REVISION OF THE JUDICIAL ARTICLE

Part I


SUMMARY OF RECOMMENDATIONS AS TO JUDICIAL ARTICLE


The Committee Action on the Foregoing Propositions

from the court or courts of law; that the court of chancery should be constituted in such manner as might be provided by law; and that the court of chancery should grant legal relief and the courts of law equitable relief whenever necessary to completely determine any controversy.

A minority of four recommended a unified court of original jurisdiction for all cases without separate law and equity sections.

4. A minority of one recommended popular election of the judiciary. A minority of two voted for seven-year terms of office, without tenure.

5. Four members of the Committee voted for a mandatory retirement age of 70.

6. Three members of the Committee voted that as to judges other than the Court of Appeals impeachment should be by the Senate rather than the Assembly.

7. Four members of the Committee voted for permanent assignment of judges to the Law and Equity Sections of the Supreme Court, assignments to be made at the time of a vacancy, to the section in which the vacancy arose, subject to temporary transfer from one section to the other where need arose. A minority of two voted for mandatory rotation of the judges by short periodic transfers between the Equity and Law Sections.

8. Two members of the Committee dissented. They would have it provided that the Legislature have power to regulate and prescribe the practice and procedure relating to the prerogative writs, and to provide for the elimination of trial by jury, or to substitute a single all-embracive form of action in lieu of the present forms of writs.

9. Unanimous.

10. Two members of the Committee dissented from the proposition that all final judgments of the Supreme Court in its original jurisdiction be appealable as of right, to the Court of Appeals. They would limit appeals of right to the Court of Appeals to such cases as are specified in paragraph 12. They recommended that in all other cases appeals in the first instance be allowed only to the Appellate Section of the Supreme Court, with further appeal to be permitted to the Court of Appeals in such cases as are specified in paragraph 11.

11. Unanimous except as to sub-paragraph (c), two members of the Committee voting for the elimination thereof.

12. A minority of three dissented from the first sentence of this paragraph, recommending that direct appeal be allowed to the Court of Appeals from final judgments of inferior courts and statutory tribunals where the only question raised on the appeal is one as to constitutionality.

13. Action on this paragraph was unanimous except with respect


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