N.J. Constitutional Convention: Vol. 4, Page 731
whether or not the advisory masters shall have life tenure.
Very truly yours,Arthur T. Vanderbilt
- 11. Paragraph 13 of the Schedule, unless it be a misprint, provides that the Judicial Article is to take effect on January 1, 1949, while the judges of the new court by paragraph 1 of the Schedule are to be appointed immediately after the adoption of the Constitution. This would mean that for nearly fourteen months a judge would be a judge of an old court and designated as a judge of a new court. One has only to think of the resulting complications in terms of personalities to see how unfortunate this might be. I respectfully urge that the Judicial Article be made effective on January 1, 1948, even if the rules of court have to be amended at a later date, as they undoubtedly will in any event to take care of unanticipated contingencies.
- 12. There is a serious omission in the tentative draft in failing to provide for the relief of litigants when the appellate courts, either by reason of pressure of business or otherwise, do not hand down decisions within a reasonable time. Various devices have been suggested, such as withholding salaries when opinions are not handed down sixty days after argument, etc., but the most effective method of obtaining prompt judgment is to provide that the Governor or the Chief Justice shall convene a special term of the Appellate Division or of the Supreme Court from among the judges of the General Court whenever the work of the appellate courts is more than sixty days in arrears.
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