We are delighted that the governor and Legislature have apparently agreed to the appointment of Rachel Wainer Apter and Judge Douglas Fasciale to the Supreme Court. Judge Fasciale is now temporarily assigned from the Appellate Division to the high court, which should assist in the transition. We are not going to revisit what we previously said about the impact of the vacancies, but want to voice our appreciation for one circumstance that might otherwise go unnoticed by the bar.

After the retirement of Justice Fernandez-Vina in February, the court had six members for arguments during the remainder of the term, but following the retirement of Justice Albin in July, only five members, the minimum required for a quorum, remained. See NJ Const. (1947) art. VI, sec. II, par 1. Judge Fuentes planned and announced his retirement, effective Aug. 30, so the quorum would be lost if all argued cases were not decided before his retirement.

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