N.J. Constitutional Convention: Vol. 4, Page 718

LETTER OF FRANK BOSCAINO, Esq.

(Referred to the Committee on the Judiciary by Governor Alfred E. Driscoll)

174 N. 10th Street Newark 7, N. J. 

July 10, 1947
 Hon. Alfred Driscoll Trenton, N. J.

Dear Governor:

I would like to submit a few suggestions for your consideration.

1 - Courts.

I am not a lawyer, therefore don't know whether we need Chancery or any particular branch of our judiciary. Personally, I feel it is a mistake to create all courts thru the Constitution. Personally, I like the federal method. As you know, the Federal Constitution provides for a Supreme Court and leaves to Congress the responsibility of creating other courts. I think that is the perfect plan for our State to adopt.

I respectfully suggest that you propose that the new Constitution provide that the State shall maintain all courts. This to include all present county and municipal courts. The State to take over these courts, personnel, equipment, etc. The State to rent courtrooms or courthouses from counties and rent municipal courtrooms. Later the State could purchase these buildings or erect new ones. If the State ever does erect court buildings, I suggest that extra court-rooms be provided and that the Federal Government be invited to use same as federal courts. It seems to me all courts should be in one building to save lawyers and others a great deal of time.

I could never understand why we should have county and municipal courts. Except for parking and other municipal ordinances, these courts deal with state laws. Why should the counties maintain courts which deal justice to violators of state laws? If the State were to take over all the courts it would make for efficiency and economy.

2 - Penal and Correctional Institutions.

I suggest you propose that the Constitution provide that the State shall maintain all penal and correctional institutions. Again I say, why should the counties and the local governments pay to house and guard persons who have violated state laws? If the State were to take over these institutions it would make for a great deal of economy and efficiency. As you know, each county now main-


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