N.J. Constitutional Convention: Vol. 4, Page 65


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON THE JUDICIARY
Wednesday, June 25, 1947 (Morning session)

the judgment, on certification of the Court of Appeals, or in such other cases as may be provided by law.

The Constitution would permit creation of other inferior courts of limited jurisdiction. That, in brief, is the structure of the system as a whole.

VICE-CHAIRMAN: Is that modeled specifically on any other system?

MR. CONFORD: It is not an attempt to model it after anything else, although our committee has naturally profited by the suggestions and studies which other people have made prior to the studies we undertook. With your permission, I would like to give you what we have in mind this morning.

VICE-CHAIRMAN: Go ahead.

MR. CONFORD: I would like to say first, that this indicates what we regard as the five general approaches to be taken in this subject of law and equity merger. Mr. Schnitzer will then develop one approach, I will develop the others. We would like to cover the entire report, but obviously that is impossible in the time available. We have heard a great deal of discussion, pro and con, on equity. We feel that is the thing you are primarily interested in, and the thing about which we have a great many misconceptions; and we would like to clear that up. As I have said, five general approaches to this question have been advanced.

MR. THOMAS J. BROGAN: What you are going to say is a criticism.

MR. CONFORD: No, we are attempting to be objective this morning.

MR. BROGAN: What you are doing is pointing out what you consider the inadequacies of the other schemes for a court structure.

MR. CONFORD: I will this morning first present, without comment, five approaches which we have heard advanced. We will then offer the comments we have.

The first approach advanced, incidentally, by four members of our committee, was complete integration of the law and equity courts.

MR. BROGAN: I think this will be very helpful to the Committee - to have the alternative approaches.

MR. CONFORD: The first is one for complete integration of the law and equity jurisdictions without separate law and equity divisions. That is, I understand, the federal system, and the system in New York and other states.

MR. BROGAN: Except the federal system differs from New York; New York is not as completely integrated as the federal system.

MR. CONFORD: They do not have a separate law section and


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