N.J. Constitutional Convention: Vol. 4, Page 748


SUMMARY OF PROPOSALS FOR REVISION OF JUDICIAL ARTICLE


II. Merger of all existing courts into a single, statewide court having both trial and appellate jurisdiction, the Legislature being empowered to create additional inferior courts.


State Bar Association Committee:

the Supreme Court, the Court of Chancery and the Prerogative Court, the present county courts being retained as now organized, subject to the power of the Legislature to make changes and to create new inferior courts.

Essex County Bar Association Committee:

The name of the new court is "Supreme Court." The Legislature is given power to create inferior courts of limited jurisdiction, which might mean trial courts or appellate courts, e. g., to review the decisions of administrative agencies.

III. The creation of separate law and equity sections in the new, merged court.

1942 Constitutional Revision Commission:

Creates a Law Section, to exercise civil, criminal and matrimonial jurisdiction, and an Equity and Probate Section to exercise all other jurisdiction, each section, in turn, being divided into such parts as may be provided by rules of the highest appellate court.

1944 Proposed Constitution:

Ditto.

1947 Recommendations of League of Women Voters:

Ditto, with the further, possibly inconsistent, requirement that each justice "shall exercise the powers of the court."

State Bar Association Committee:

The new Supreme Court, which is a merger of the present state courts only, is to have a Chancery Division and a Law Division.

Essex County Bar Association Committee:

The new Supreme Court is to have a Law Section exercising original civil and criminal jurisdiction in law, and an Equity and Probate Section exercising all other original jurisdiction. Each section to be divided, in turn, into such parts as the rules of the Court of Appeals provide.

IV. The elimination of fragmentary or multiple litigation of single controversies.

1942 Constitutional Revision Commission:

Equity prevails in any conflict with common law and, subject to the rules of the highest appellate court, every controversy is to be determined fully by the justice hearing it.

1944 Proposed Constitution:

Ditto.

1947 Recommendations of League of Women Voters:

Ditto.

State Bar Association Committee:

Ditto (to the extent that the jurisdiction of the new


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