N.J. Constitutional Convention: Vol. 4, Page 91

Wednesday, June 25, 1947 (Morning session)

the court.

MR. BROGAN: Then you think he should administer the division's business.

MR. CONFORD: Definitely. His should be the responsibility for the making of the rules of the court, for the assignment of the judges to their circuits, for the general administrative and business conduct of matters pertaining to the court.

VICE-CHAIRMAN: Then, unlike the head of the criminal division and the probate division and all the other divisions, he would not be subject to any directions of the Chief Justice of the Court of Appeals?

MR. CONFORD: Well, I don't see any reason why it could not be made possible that there be an overall supervision by a judicial council or other type of organization, to be head of the entire operations of all of the courts where the matters pertain to problems which are common to all the courts. But so far as the day-to-day operation of the court and the administration of its financial affairs, and the administration of its daily work, I think that that should be primarily committed to those who are directly involved in the matter, and they would be the judges and the chief judge of the court. I think that you get better rules of court, for example, in either the law court or the Chancery court, if the primary responsibility for those rules is vested in those judges rather than in some outside organization.

VICE-CHAIRMAN: Well, you disagree with the rules promulgated by the United States Supreme Court for the lower Federal District Courts?

MR. CONFORD: As a practical matter, I prefer what happened because the United States Supreme Court got the benefit of conferences of all the judges of the lower federal courts and of expert students of the subject of federal organization and administration, and built the rules on that basis. They were not promulgated from on high, as it were.

VICE-CHAIRMAN: We assume that any new court that might be set up under the new Constitution would do the same thing.

MR. McGRATH: In general, you are in favor of retaining the Court of Chancery.

MR. CONFORD: Of retaining a separate Court of Chancery.

MR. McGRATH: Well, we've either got to retain it or dismiss it.

MR. CONFORD: I think I've made myself clear -

VICE-CHAIRMAN: I think we have that, so let's not go through that again.

MR. BROGAN: So that our Committee will understand exactly what you mean, if I may be presumptuous - your reason for the retention of this court is that it takes a much longer time for a man

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