N.J. Constitutional Convention: Vol. 4, Page 721

LETTER OF GERALD T. FOLEY, Esq.

Gerald T. Foley Counsellor at Law Raymond Commerce Building Newark 2, New Jersey 

July 11, 1947
 Convention on Constitutional Revision Judiciary Committee Trenton, New Jersey Attention: Nathan L. Jacobs, Esq.

Gentlemen:

I have been reading with great interest the reports of the hearings before the Judiciary Committee. I have not observed that any testimony was given in connection with the subject of this letter although it may well be that there was such testimony and that it escaped my attention.

As I understand it, many advocate the creation of a single statewide court which would embrace all present members of the judiciary including common pleas judges and in which thereafter the present county court jurisdiction would be vested.

I firmly believe that such a change would be hurtful to the administration of justice.

First of all, I believe there is reason to question seriously the judicial stature of some of the incumbents of this office in various parts of the state. By this I do not mean to reflect upon anyone in his present position, rather, I mean that in some instances in the smaller counties the position is presently one which does not require the same degree of experience, talent and intellectual ability as will be required of one who becomes a full time judge of a State court. In these counties, the incumbents are part time judges and have neither the volume nor diversity of work which would confront them if they became full time judges of the new Court. I think we are all practical enough to realize that it is seldom indeed that the part time county judges have been selected from top flight lawyers in these counties. Almost always it seems, that the appointees are young men who have served politically and have a measure of ability sufficient to meet the rather simple demands of the office. Appointment is often considered a "nice start" for an energetic and ambitious young lawyer. With this I have no quarrel. On the contrary, I think it is a good thing and I know that in many instances the training and experience obtained by the rural county judge has in later years served him well in his advancement in his profession or on the bench. But the point is


Previous Page in Book ********* Table of Contents *********** Next Page in Book