'A Naked Political Power Grab': Proposal To Change Appellate Division Appointment Process Is Pointless and Potentially Damaging
Consider the impact of appellate case processing if there are vacancies on the Appellate Division, due to delays, Senatorial Courtesy or infighting in the appointment process, and there cannot be temporary assignments, as there can be at present.
May 14, 2024 at 05:19 PM
5 minute read
We join with Chief Justice Stuart Rabner and the New Jersey State Bar Association in strong opposition to a Constitutional amendment proposal, apparently about to be considered by the Legislature. Under the proposal, Appellate Division judges, now assigned by the chief justice from the cohort of previously confirmed and currently serving Superior Court judges, would henceforth be appointed by the governor with the advice and consent of the Senate. Although other states and the United States appoint intermediate appellate judges through the political process, New Jersey has not done so since the 1947 constitutional reform. The Appellate Division has functioned very well under this reform. This proposal is nothing but a naked political power grab. And a terrible idea to foist on one of the most admired judicial systems in the United States.
If passed by 3/5 votes of both houses of the Legislature, the matter will be put on the November 2024 ballot for consideration by the voters. If passed by a lesser margin, it will be placed on the ballot after approval by majority vote in two consecutive sessions by both houses of our Legislature. This proposal is being rushed.
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