NEW BRUNSWICK – The New Jersey State Bar Association believes the creation of a new procedure to appoint Appellate Division judges, one that requires gubernatorial nomination and advice and consent of the Senate, would threaten the independence of the New Jersey Judiciary and further expose it to the political process.
In response to this proposal the state Senate is expected to consider, the NJSBA adopted a resolution supporting the Judiciary and its independence as a co-equal branch of government. If such an amendment to the state Constitution is enacted, the Chief Justice could no longer assign qualified and experienced Superior Court judges to the Appellate Division.
Transferring this authority from the Chief Justice to the Governor and Senate would inevitably insert politics into the appointment process, according to the resolution. Additionally, it would subject the Appellate Courts to the same years-long impasse between the executive and legislative branches that led to unprecedented vacancies on the state Superior Court, a situation so extreme that family and civil trials in multiple counties were shut down for months on end, delaying justice for thousands of New Jersey residents.
As the resolution states, “the proposed amendment will all but guarantee that the Appellate Division will be plagued with the same judicial vacancy crisis as the Superior Court, due to inevitable political disagreement and delay, when no such crisis exists under the current constitutional structure.”
New Jersey’s legal system has earned a national reputation for excellence and integrity in the 75 years since the modern Judiciary was born under the 1947 Constitution. Every year the Appellate Division handles an average of 5,000 appeals and upwards of 10,000 motions. It is a balanced and representative division of the Court that historically operates with a full complement of judges due to the current system in place.
The NJSBA opposes any change to the New Jersey Constitution that threatens the Judiciary’s independence and weakens its role in serving the residents of the state.
Official Press Release can be accessed here.