Chief Justice Stuart Rabner, New Jersey Supreme Court. (Photo: Carmen Natale/ALM)

We emphatically support Chief Justice Rabner's announcement that he has directed the Administrative Office of the Courts to develop an enhanced training program for all judges and court personnel, which came in the aftermath of adverse publicity relating to the handling of two cases involving sexual assault of minors.

Soon after the Appellate Division chastised two judges for their handling of these cases, the Legislature announced that a bill requiring mandatory training for judges on how to deal with sexual assault cases would be introduced. Hopefully, the chief justice's announcement will deter the Legislature from acting. But the Legislature should also bear in mind that under Article VI, Section II, paragraph 3 of the New Jersey Constitution, “The Supreme Court shall make rules governing the administration of all courts in the State and, subject to the law, the practice and procedure in all such courts … .”

In Winberry v. Salisbury, 5 N.J. 240 (1950), the New Jersey Supreme Court considered the phrase “subject to law” and held that, within the context of the 1947 Constitution, that phrase had to do with substantive law, and not practice and procedure in the courts, the latter being the exclusive domain of the Supreme Court. We point this out not to pick an argument with the Legislature, but rather because it is important to remember that there are separate powers attributable to each branch of the government and that practice and procedure in our courts is not only vested in the Supreme Court, the Constitution imposes on that tribunal the responsibility for making such rules.