ASSEMBLY CONCURRENT RESOLUTION No. 81

STATE OF NEW JERSEY

214th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman† JOHN S. WISNIEWSKI

District 19 (Middlesex)

Assemblyman† JOSEPH R. MALONE, III

District 30 (Burlington, Mercer, Monmouth and Ocean)

Assemblywoman† BONNIE WATSON COLEMAN

District 15 (Mercer)

Assemblyman† JOHN J. BURZICHELLI

District 3 (Salem, Cumberland and Gloucester)

Assemblywoman† PAMELA R. LAMPITT

District 6 (Camden)

Assemblyman† LOUIS D. GREENWALD

District 6 (Camden)

 

Co-Sponsored by:

Assemblyman O'Scanlon

 

 

 

 

SYNOPSIS

†††† Proposes constitutional amendment† removing gubernatorial appointment of† certain municipal court judges.

 

CURRENT VERSION OF TEXT

†††† Introduced Pending Technical Review by Legislative Counsel

††


A Concurrent Resolution proposing to amend Article VI, Section VI, paragraph 1 of the Constitution of the State of New Jersey.

 

†††† Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

†††† 1.† The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

 

PROPOSED AMENDMENT

 

†††† Amend Article VI, Section VI, paragraph 1 to read as follows:

†††† 1.† The Governor shall nominate and appoint, with the advice and consent of the Senate, the Chief Justice and associate justices of the Supreme Court[,] and the Judges of the Superior Court[, and the judges of the inferior courts with jurisdiction extending to more than one municipality]; except that upon the abolition of the juvenile and domestic relations courts or family court and county district courts as provided by law, the judges of those former courts shall become the Judges of the Superior Court without nomination by the Governor or confirmation by the Senate.† No nomination to such an office shall be sent to the Senate for confirmation until after 7 daysí public notice by the Governor.

†††† Judges of the inferior courts with jurisdiction extending to more than one municipality shall be appointed as may be provided by law.

†††† (cf: Art. VI, Sec. VI, para.1 amended effective Dec. 8, 1983)

††††

†††† 2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Attorney General, not less than three months prior to the general election.

 

†††† 3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

†††† There shall be printed on each official ballot to be used at the general election, the following:

†††† a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

†††† If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

†††† b. In every municipality the following question:

 

 

 

PROVIDES THAT METHOD OF SELECTION AND APPOINTMENT OF CERTAIN MUNICIPAL COURT JUDGES BE SET BY STATUTE RATHER THAN BY THE CONSTITUTION.

 

YES

Shall the amendment to Article VI, Section VI, paragraph 1 of the New Jersey Constitution, agreed to by the Legislature, providing that judges of inferior courts with jurisdiction extending to more than one municipality be appointed as provided in law rather than as provided in the Constitution which requires nomination by the Governor and appointment with the advice and consent of the Senate, be approved?

 

 

INTERPRETIVE STATEMENT

 

NO

 

 

 

 

 

 

 

 

 

†† This constitutional amendment would provide that the method of selection and appointment of certain municipal court judges would be set by statute, rather than be provided for in the Constitution. These judges may include judges of joint municipal courts and judges of central municipal courts with jurisdiction extending to the territorial boundaries of a county. This constitutional amendment does not preclude the possibility that a statute would continue to provide for nomination by the Governor with the advice and consent of the Senate, but it does permit a statute to set forth another method of selection and appointment that may not involve the Governor and the Senate.

 

 

 

 


STATEMENT

 

†††† This constitutional amendment proposes an amendment to Article VI, Section VI, paragraph 1 of the New Jersey Constitution to† provide that judges of inferior courts with jurisdiction extending to more than one municipality shall be appointed as provided in law rather than as provided in the Constitution which requires nomination by the Governor and appointment with the advice and consent of the Senate. These judges may include judges of joint municipal courts and judges of central municipal courts with jurisdiction extending to the territorial boundaries of a county. This constitutional amendment does not preclude the possibility that a statute would continue to provide for nomination by the Governor with the advice and consent of the Senate but it does permit a statute to set forth another method of selection and appointment that may not involve the Governor and the Senate.† Municipal judges generally are appointed by the governing body of the municipality or by the mayor with the advice and consent of the council.