N.J. Constitutional Convention: Vol. 4, Page 646


Whereas, the Constitutional Convention, now assembled, is to consider and submit to the people of this State either a new State Constitution or amendments to the existing Constitution; and

Whereas, the Judicial Article of this Constitution is the concern of every inhabitant and citizen of the State of New Jersey because it is the hub from which the legal effects of a Constitution rotate; and

Whereas, the Judicial Article of the Constitution is a matter of vital and special concern to members of the legal profession, since it is the cornerstone of our profession; and

Whereas, the practice of the law has been looked upon since the founding of this State as a learned and dignified profession; and whereas the Bar feels a moral obligation and duty to make its view known to the Convention and the citizens of this Sovereign State; and

Whereas, certain necessary and required changes in our judicial system can be effected within the existing framework of said system without destroying the good with the bad; and

Whereas, since there are a great number of types of action which cannot be effectively tried together as part of one action under our guarantee of a trial by jury in law actions, such a proposed system of courts and procedure cannot and will not remove this problem, but will merely cause the identical jurisdictional questions to be raised in a different form and decided at a different time; and

Whereas, it is the considered opinion of jurists, lawyers and scholars that there has been a complete deterioration of equity jurisprudence in the states of this Union where the one-court system has been adopted, and, in fact, in England, in 1937, it became necessary to abolish the system of trial by jury on law issues as a matter of right, as the only means of relieving the congested calendars; and

Whereas, our present Constitution was probably a hundred years ahead of its time in providing for trial judges who were specialists in their respective fields and in our complex economic system today the trend to specialization is irresistible in the fields of military, engineering, banking, investments, medicine and education, this Bar considers it absolutely necessary that trial judges who are called upon to make a multitude of instantaneous decisions must be specialists in their field and no system can operate efficiently or practically without such specialization; and

Whereas, the delays in appellate procedure can be fully corrected by the creation of a completely independent court of last

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