N.J. Constitutional Convention: Vol. 4, Page 753


SUMMARY OF PROPOSALS FOR REVISION OF JUDICIAL ARTICLE


X. Scope of decision on appeal.


1944 Proposed Constitution:

otherwise required by "the ends of justice or the right of trial by jury."

1947 Recommendations of League of Women Voters:

Ditto, as in 1942 Constitutional Revision Commission.

State Bar Association Committee:

No recommendation.

Essex County Bar Association Committee:

Same as 1944 Proposed Constitution, except that in cases tried without a jury, the appellate court may determine the facts for itself, from the record developed in the trial court.

XI. Pleading, practice and evidence.

1942 Constitutional Revision Commission:

Pleading, practice and evidence are to be governed by rules of the highest appellate court, subject to the power of the Legislature to legislate on the subject.

1944 Proposed Constitution:

Ditto, differently stated.

1947 Recommendations of League of Women Voters:

Ditto.

State Bar Association Committee:

No recommendation.

Essex County Bar Association Committee:

Ditto, limited to pleading, practice and procedure.

XII. Prerogative Writs.

1942 Constitutional Revision Commission:

The highest appellate court is given the power to review indictments, before trial, by certiorari. Procedure in the case of prerogative writs is to be determined by rules of the highest appellate court, except that writs may be allowed by a single judge of the new merged court, and the case may be heard, without a jury, either by the single judge or by an Appellate Section. In the case of a hearing by a single judge, an appeal on both the law and the facts may be taken to an Appellate Section of the merged court.

1944 Proposed Constitution:

Ditto, with the further provision that the correct writ shall be allowed, regardless whether it is the writ specified when the application is made.

1947 Recommendations of League of Women Voters:

No recommendation.

State Bar Association Committee:

No recommendation.


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