N.J. Constitutional Convention: Vol. 4, Page 752


SUMMARY OF PROPOSALS FOR REVISION OF JUDICIAL ARTICLE


VIII. Jurisdiction of highest appellate court.

State Bar Association Committee:

No recommendation.

Essex County Bar Association Committee:

All final decisions of the new, merged court may be appealed as of right to the highest appellate court. The decision of the Appellate Division may be further appealed when there has been a reversal or modification of the original decision, or the decision is not unanimous, or either the Appellate Division or the highest appellate court decides that there should be another appeal. Any final decision of any court which passes upon a constitutional question may be appealed directly to the highest appellate court, which shall also have such additional jurisdiction as may be provided by law.

IX. Number and assignment of trial judges.

1942 Constitutional Revision Commission:

Number to be fixed by the Legislature, but not less than 25. Judges to be assigned to counties, divisions and sections by the Chief Justice annually, with power to make temporary or permanent changes in the assignments.

1944 Proposed Constitution:

Ditto, except that the number is 27 and each county must have at least one native resident judge who must be assigned to conduct the Law Section of the court in his county.

1947 Recommendations of League of Women Voters:

Ditto, except that number is fifty. No provision for resident judges in each county.

State Bar Association Committee:

Assignments to the Chancery Section of the new merged court are to be permanent.

Essex County Bar Association Committee:

The Chief Justice is to assign the judges to the various sections and parts of the new merged court from time to time.

X. Scope of decision on appeal.

1942 Constitutional Revision Commission:

All appellate courts are given such power as may be necessary to decide the case completely, including the power to set aside findings of fact which are against the weight of the evidence, or verdicts which are excessive or inadequate.

1944 Proposed Constitution:

Ditto, except that appellate courts are specifically given the power to modify, as well as to reverse or affirm, unless


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