SENATE CONCURRENT RESOLUTION No. 83

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 22, 2010

 


 

Sponsored by:

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

Senator  GERALD CARDINALE

District 39 (Bergen)

 

Co-Sponsored by:

Senator Baroni

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment to require Justices of the Supreme Court and Judges of the Superior Court to be admitted to the practice of law for at least 15 years prior to appointment to the bench.

 

CURRENT VERSION OF TEXT

     As introduced.

  


A Concurrent Resolution proposing to amend Article VI, Section VI, paragraph 2 of the Constitution of the State of New Jersey.

 

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

 

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

 

PROPOSED AMENDMENT

 

     Amend Article VI, Section VI, paragraph 2 to read as follows:

     2.    The justices of the Supreme Court and the judges of the Superior Court shall each prior to his appointment have been admitted to the practice of law in this State for at least [10] 15 years.

(cf: Art. VI, Sec. VI, para. 2 amended effective December 7, 1978)

 

     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 Secretary of State, 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:


 

 

 

 

 

 

 

 

 

YES

 

CONSTITUTIONAL AMENDMENT TO REQUIRE JUSTICES OF THE

SUPREME COURT AND JUDGES OF THE SUPERIOR COURT TO HAVE 15 YEARS ADMISSION TO PRACTICE PRIOR TO APPOINTMENT TO THE BENCH.

 

 

Shall the amendment to Article VI, Section VI, paragraph 2 of the Constitution, agreed to by the Legislature, requiring Justices of the New Jersey Supreme Court and Judges of the Superior Court to be admitted into the practice of law in this State for at least 15 years prior to the appointment to the Court, be adopted?

 

 

 

 

 

INTERPRETIVE STATEMENT

 

 

NO

 

 

 

 

 

 

Currently, the New Jersey Constitution requires Judges of the Superior Court and Justices of the Supreme Court appointed to the bench to have been admitted to the practice of law in this State for at least 10 years prior to the appointment.  Approval of this amendment would increase from 10 years to 15 years the required time during which Justices of the Supreme Court and Judges of the Superior Court must be admitted into the practice of law prior to being appointed to the bench.

 

 

SCHEDULE

 

     This constitutional amendment shall, if approved, take effect on January 1, next following the general election at which it was approved and shall be applicable to those Justices of the Supreme Court and Judges of the Superior Court nominated to the Judiciary after the constitutional amendment has taken effect.


STATEMENT

 

     Currently, the New Jersey Constitution requires Judges of the Superior Court and Justices of the Supreme Court appointed to the bench to have been admitted to the practice of law in this State for at least 10 years prior to the appointment.

     This proposed constitutional amendment would amend Article VI, Section VI, paragraph 2 of the New Jersey Constitution to require that Justices of the Supreme Court and Judges of the Superior Court be admitted into the practice of law in this State for at least 15 years prior to their appointment to the bench.  This amendment would only apply to those Justices and Judges nominated after the amendment takes effect.

     This measure is designed to ensure the integrity of the Judiciary by requiring individuals who are appointed to the Judiciary to be admitted into the practice of law in this State for at least 15 years prior to the appointment.