N.J. Constitutional Convention: Vol. 4, Page 681


PROPOSALS OF THE EDITORS OF THE NEW JERSEY LAW JOURNAL
Editorials from the New Jersey Law Journal, April 17 to June 12, 1950


A MODERN COURT STRUCTURE FOR NEW JERSEY
(New Jersey Law Journal, June 12, 1947)


III A Unified Court at the Trial Level

Sessions into one court. In dealing with common law actions the need for elimination of three courts in whose domain they are now cognizable is more patent. Now the Supreme Court, the Circuit or the Common Pleas Court may entertain these actions. Where service of process can be made within the county, any one of the three may be chosen as his forum by the litigant. This labyrinthine house of justice has forever been a mystery to the lay mind. Plainly, a unified court system in which these courts are consolidated into one division of a state-wide court of original jurisdiction sitting in each county is most desirable.

To sum up the sense of the series of editorials, the Journal earnestly recommends to the Convention:

  • (1) A separate Court of Appeals consisting of five or seven judges with appeals from the Law and Chancery Divisions of the Supreme Court going directly to it. No other appeal should be permitted as a matter of right, except where constitutional problems, important issues involving interpretation of statutes, doubtful questions of general law of wide application are involved, or where there is a dissent in the Appellate Division or a certification of a question by a Division.  
  • (2) The establishment of Appellate Parts or Divisions of the Supreme Court to have appellate jurisdiction over all causes except appeals from the Law and Chancery Divisions.  
  • (3) The creation of a state-wide court of original jurisdiction separated into Law and Chancery Divisions.  


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