SENATE, No. 1064

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JANUARY 30, 2020

 


 

Sponsored by:

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

 

 

 

 

SYNOPSIS

     Permits certain judges and justices, if approved solely by Senate’s advice and consent, to continue service upon expiration of term otherwise resulting in mandatory retirement; eliminates mandatory ages for retirement and ceasing post-retirement recall service.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the length of service for certain judges, including Justices of the Supreme Court, and amending various parts of the statutory law.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    N.J.S.2B:13-7 is amended to read as follows:

     2B:13-7.  Appointment; Term of Office; Retirement.  a. The Governor shall appoint, with the advice and consent of the Senate, the judges of the Tax Court.  The judges of the Tax Court shall hold their offices for initial terms of seven years [and until their successors are appointed and qualified], and upon reappointment shall hold their offices [during good behavior] until the age of 70 years, after which they shall continue to hold their offices for additional terms of two years, if for each two-year term, the judges are reapproved solely by the advice and consent of the Senate

      b.   The judges of the Tax Court shall be retired upon attaining the age of 70 years unless reapproved by the Senate for an additional two-year term, after which the judges shall be retired upon the anniversary of attaining the age of 70 years, following the term for which the judges were reapproved, upon the same terms and conditions as judges of the Superior Court, and shall have the same pension rights and other benefits as judges of the Superior Court.

(cf: N.J.S.2B:13-7) 

 

     2.    Section 7 of P.L.1973, c.140 (C.43:6A-7) is amended to read as follows:

     7.    Any member of the retirement system who has reached the age of 70 years shall be retired forthwith, unless the member is reapproved to continue in office solely by the advice and consent of the Senate, pursuant to Article VI, Section VI, paragraph 3 of the New Jersey Constitution or pursuant to N.J.S.2B:13-7, as applicable, after which the member shall be retired forthwith upon the anniversary of reaching the age of 70 years following the term for which the member was reapproved.  Any other eligible member of the retirement system may be retired on the first day of the next calendar month subsequent to the filing of a written and duly executed application with the retirement system.   Such application shall be accompanied by a copy of the member's resignation from his judicial office which he has filed in the office of the Secretary of State.

(cf: P.L.1973, c.304, s.2)

     3.    Section 8 of P.L.1973, c.140 (C.43:6A-8) is amended to read as follows:

     8.    a.  Any member who shall have served at least 10 years as a judge of the several courts and having attained the age of 70 years, shall be retired, unless the judge is reapproved to continue in office solely by the advice and consent of the Senate, pursuant to Article VI, Section VI, paragraph 3 of the New Jersey Constitution or pursuant to N.J.S.2B:13-7, as applicable, after which the member shall be retired upon the anniversary of reaching the age of 70 years following the term for which the member was reapproved.

     b.  Any member who shall have served at least 15 years as a judge of the several courts and having attained the age of 65 years but not the age of 70 years, may retire.

     c.  Any member who shall have served at least 20 years as a judge of the several courts and having attained the age of 60 years but not the age of 65 years, may retire.

     d.  Service in the several courts as given in subsections a., b. and c. of this section shall include service in the office of the Chancellor, Chief Justice of the old Supreme Court, associate justice of the old supreme court, judge of the circuit court, Vice-Chancellor, judge of the court of errors and appeals, judge of the court of common pleas, and advisory master to the superior court.

     e.  Any member of the retirement system eligible to retire under the provisions of this section, shall receive a retirement allowance consisting of an annuity which shall be the actuarial equivalent of his accumulated deductions together with regular interest, and a pension which, when added to the member's annuity, will provide a retirement allowance during the remainder of his life in the amount equal to three-quarters of his final salary.

(cf: P.L.1981, c.470, s.2)

 

     4.    Section 13 of P.L.1973, c.140 (C.43:6A-13) is amended to read as follows:

     13.  a.  No member of the retirement system shall, while receiving a pension or retirement allowance pursuant to this act, engage in the practice of law before any of the courts of this State. 

     b.  Subject to rules of the Supreme Court, any justice of the Supreme Court who has retired on pension or retirement allowance may, with his consent, be recalled by the Supreme Court for temporary service in the Supreme Court or elsewhere within the judicial system , which in the case of a justice who is the age of 70 years or older, shall be for a period of no more than two years, and without any age restriction requiring that justice to cease service, and any judge of the Superior Court, juvenile and domestic relations court, county district court or tax court who has retired on pension or retirement allowance may, with his consent, be recalled by the Supreme Court for temporary service within the judicial system other than the Supreme Court , which in the case of a judge who is the age of 70 years or older, shall be for a period of no more than two years, and without any age restriction requiring that judge to cease service.  Any justice or judge may be recalled one or more times by the Supreme Court for temporary service.   

     c.     Upon such recall the retired justice or judge shall have all the powers of a justice or judge of the court to which he is assigned and shall be paid a per diem allowance fixed by the Supreme Court in accordance with its rules, provided however that in no event shall he receive a salary which together with his pension or retirement allowance exceeds the current salary of a justice or judge of the court from which he retired.  In addition the recalled justice or judge shall be reimbursed for reasonable expenses actually incurred by him in connection with his assignment and shall be provided with such facilities as may be required in the performance of his duties.  Such per diem compensation and expenses shall be paid by the State. 

     d.    Payment for services and expenses shall be made in the same manner as payment is made to the justices or judges of the court from which he retired. 

     e.     The Supreme Court is empowered to adopt such rules as it deems necessary or appropriate for the prompt and efficient administration of justice in furtherance of the purposes of this act. 

(cf: P.L.1990, c.45, s.1)

 

     5.    Section 12 of P.L.1948, c.446 (C.34:1A-12) is amended to read as follows:

     12.  The Division of [Workmen's] Workers’ Compensation shall consist of the Commissioner of Labor and [Industry] Workforce Development who shall act as chairman, a director who shall be appointed as hereinafter provided, judges of compensation [appointed by the commissioner],  and such referees and other employees as may, in the judgment of the commissioner, be necessary.  [Appointments of such judges of compensation,  referees and other employees shall be made in accordance with the provisions of Title 11 of the Revised Statutes, Civil Service.]

     The Director of the Division of [Workmen's] Workers’ Compensation shall be a person qualified by training and experience to direct the work of such division.  He shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve during the term of office of the appointing Governor [appointing him] and until the director's successor is appointed and has qualified, or until the age of 70 years, after which the director shall continue in office for additional terms of two years, if for each two-year term, the director is reapproved to continue in office solely by the advice and consent of the Senate.  He shall receive such salary as shall be provided by law.

     The Director of the Division of [Workmen's] Workers’ Compensation shall, subject to the supervision and direction of the Commissioner of Labor and [Industry] Workforce Development:

     (a)  Be the administrative head of the division;

     (b)  Prescribe the organization of the division, and the duties of his subordinates and assistants, except as may otherwise be provided by law;

     (c)  Direct and supervise the activities of all members of the division;

     (d)  Make an annual report to the Commissioner of Labor and [Industry] Workforce Development of the work of the division, which report shall be published annually for general distribution at such reasonable charge, not exceeding cost, as the commissioner  shall determine;

     (e)  Perform such other functions of the department as the commissioner may prescribe.

     The Director of the Division of [Workmen's] Workers’ Compensation shall also serve as secretary of such division, and may perform the duties of a judge of compensation.

(cf: P.L.1960, c.58, s.1)

 

     6.    R.S.34:15-49 is amended to read as follows:

     34:15-49.  a. The Division of Workers' Compensation shall have the exclusive original jurisdiction of all claims for workers' compensation benefits under this chapter.  The judges of the Division of Workers' Compensation shall hereinafter be appointed on a bipartisan basis by the Governor, with the advice and consent of the Senate, to initial terms of three years at an annual salary, for the first year, in an amount equal to [75%] 75 percent of the annual salary of a Judge of the Superior Court.  During the initial three-year term, each judge shall be subject to a program of evaluation developed by the Director of the Division of Workers' Compensation.  Upon receipt of a satisfactory annual evaluation from the director, the annual salary of a nontenured judge shall be increased to [78 2/3%] 78 2/3 percent of the annual salary of a Judge of the Superior Court after one year; [81 2/3%] 81 2/3 percent of the annual salary of a Judge of the Superior Court after two years; and, after three years and upon tenure as provided pursuant to the provisions of this section, the annual salary of a tenured judge of compensation shall be [85%] 85 percent of the annual salary of a Judge of the Superior Court. Reappointment of a judge shall be by the Governor, with the advice and consent of the Senate.  The director's evaluations shall be made available to the Senate Judiciary Committee if the candidate has been renominated by the Governor.  Upon confirmation and appointment after the initial three-year term, a judge of the Division of Workers' Compensation shall have tenure, and shall serve [during good behavior] until the age of 70 years, after which the judge shall continue in office for additional terms of two years, if for each two-year term, the judge is reapproved solely by the advice and consent of the Senate.  All judges of compensation appointed prior to the effective date of P.L.1991, c.513 shall continue to have tenure and shall continue to serve during good behavior.  The annual salary of the director shall be [89%] 89 percent of the annual salary of a Judge of the Superior Court.  The Chief Judge of Compensation shall be the Director of the Division of Workers' Compensation and may be known as the Director/Chief Judge of the division.

     In addition to salary, a judge of compensation regularly assigned as an administrative supervisory judge of compensation by the director shall receive additional compensation of $2,500 per annum during the period of such assignment; and a judge of compensation regularly assigned as a supervising judge of compensation by the director shall receive additional compensation of $1,500 per annum during the period of such assignment.

     Judges of compensation shall not engage in the practice of law, shall devote full time to their judicial duties, and shall have been licensed attorneys in the State of New Jersey for 10 years prior to their appointments.  The director of the division shall have the same qualifications for appointment and be subject to the same restrictions as a judge of compensation.

     All judges of compensation, including the Director/Chief Judge of the Division of Workers’ Compensation, shall be retired upon attaining the age of 70 years unless reapproved to continue in office solely by the advice and consent of the Senate, after which the judges shall be retired upon the anniversary of reaching the age of 70 years following the term for which the judges were reapproved; except that any judge of compensation who has retired on pension or retirement allowance may, with the judge's consent, be recalled by the Director /Chief Judge of the Division of Workers' Compensation for service as a recalled judge in the Division of Workers' Compensation , which in the case of a judge who is the age of 70 years or older, shall be for a period of no more than two years, and without any age restriction requiring that judge to cease service. [No] A recalled judge [shall serve beyond his 80th birthday] may be recalled one or more times by the Director/Chief Judge for service as a recalled judge.

     Upon such recall the retired judge shall have all the powers of a judge of compensation and shall be paid a per diem allowance fixed by the Director/Chief Judge of the Division of Workers' Compensation.  In addition the recalled judge shall be reimbursed for reasonable expenses actually incurred by him in connection with his assignment and shall be provided with such facilities as may be required in the performance of his duties. Such per diem compensation and expenses shall be paid by the State. Payment for services and expenses shall be made in the same manner as payment is made to the judges of the Division of Workers' Compensation from which he retired.

     b.    An increase in an annual salary of a judge or the director under subsection a. of this section that results due to the increase in the salary of a Judge of the Superior Court provided in N.J.S.2B:2-4 as amended in section 1 of P.L.1995, c.424 (N.J.S.2B:2-4) shall not be granted until July 1, 1996.

(cf: P.L.2005, c.6, s.3)

 

     7.    Section 4 of P.L.2001 c.259 (C.43:15A-145) is amended to read as follows:

     4.    a.  Any [workers] workers’ compensation judge who has reached the age of 70 years shall be retired forthwith on the first day of the next calendar month, unless the judge is reapproved to continue in office solely by the advice and consent of the Senate pursuant to section 12 of P.L.1948, c.446 (C.34:1A-12) with respect to the Director of the Division of Workers’ Compensation, who also serves as the Chief Judge of Compensation, or R.S.34:15-49 with respect to any other judge, after which the judge shall be retired forthwith on the first day of the next calendar month after the anniversary of reaching the age of 70 years, following the term for which the judge was reapproved.  Any other eligible [workers] workers’ compensation judge may be retired on the first day of the next calendar month subsequent to the filing of a written and duly executed application with the retirement system.  Such application shall be accompanied by a copy of the member's resignation which has been filed in the office of the Director of the Division of Workers' Compensation.

     b.    Notwithstanding the provisions of subsection a. of this section or any other law to the contrary, a [workers] workers’ compensation judge who is 60 years of age or older on the effective date of P.L.1999, c.380 shall be permitted to continue service as a judge until attaining 10 years of service credit under the Workers  Compensation Judges Part of the retirement system.

(cf: P.L.2001, c.259, s.4)

 

     8.    Section 5 of P.L.2001, c.259 (C.43:15A-146) is amended to read as follows:

     5.    a.  Any [workers] workers’ compensation judge who has served at least 10 years as a judge of compensation and attained the age of 70 years shall be retired and shall receive the retirement allowance prescribed by this section, unless the judge is reapproved to continue in office solely by the advice and consent of the Senate pursuant to section 12 of P.L.1948, c.446 (C.34:1A-12) with respect to the Director of the Division of Workers’ Compensation, who also serves as the Chief Judge of Compensation, or R.S.34:15-49, with respect to any other judge, after which the judge shall be retired on the first day of the next calendar month after the anniversary of reaching the age of 70 years, following the term for which the judge was reapproved.

     b.    Any [workers] workers’ compensation judge who has served at least 15 years as a judge of compensation and attained the age of 65 years, or served at least 20 years as a judge of compensation and attained the age of 60 years, may retire and receive the retirement allowance prescribed by this section. 

     c.     The retirement allowance shall consist of an annuity that shall be the actuarial equivalent of the member's accumulated deductions together with regular interest, and a pension that, when added to the member's annuity, shall provide a retirement allowance during the remainder of the member's life in the amount equal to three-quarters of the member's final salary.

(cf: P.L.2001, c.259, s.5)

 

     9.    Section 3 of P.L.1978, c.67 (C.52:14F-3) is amended to read as follows:

     3.    The head of the office shall be the director who shall be an attorney-at-law of this State for a minimum of five years.  The director shall be appointed by the Governor with the advice and consent of the Senate. 

     The director shall serve for a term of six years, or until the age of 70 years if this age will be attained prior to the expiration of six years at the time of appointment or reappointment, after which age the director shall continue in office for additional terms of two years, if for each two-year term, the director is reapproved to continue in office solely by the advice and consent of the Senate.  As used in this act, "director" shall mean the Director of the Office of Administrative Law and Chief Administrative Law Judge. 

     The director shall devote full time to the duties of the office and shall receive an annual salary equal to [89%] 89 percent of the annual salary of a Judge of the Superior Court.  Any vacancy occurring in the office of the director shall be filled in the same manner as the original appointment, but for the unexpired term only.

(cf: P.L.1999, c.380, s.8)

 

     10.  Section 4 of P.L.1978, c.67 (C.52:14F-4) is amended to read as follows:

     4.    Permanent administrative law judges shall be appointed by the Governor with the advice and consent of the Senate to initial terms of one year.  During this initial term, each judge shall be subject to a program of evaluation as delineated in section 5 of P.L.1978, c.67 (C.52:14F-5).  First reappointment of a judge after this initial term shall be by the Governor for a term of four years and until the appointment and qualification of the judge's successor.

     Administrative law judges nominated by the Governor before July 1, 1981 shall, upon their confirmation by the Senate, serve for terms of five years and until the appointment and qualification of their successors.

     Subsequent reappointments of a judge shall be by the Governor with the advice and consent of the Senate to [terms] a term of five years and until the appointment and qualification of the judge's successor, or until the age of 70 years if this age will be attained prior to the expiration of five years at the time of appointment or reappointment, after which age the judge shall continue in office for additional terms of two years, if for each two-year term, the judge is reapproved to continue in office solely by the advice and consent of the Senate.  The advice and consent of the Senate, as provided in this section, shall be exercised within 45 days after a nomination for appointment has been submitted to the Senate, or a current judge becomes eligible to be reapproved pursuant to rules adopted by the Senate, and if no action has been taken within the 45-day period, the nomination shall be deemed confirmed or reapproved, as applicable.  This 45-day period shall not apply to any person nominated by the Governor for the position of administrative law judge prior to July 1, 1981.

     The annual salary for an administrative law judge during the initial term of one year shall be equal to [75%] 75 percent of the annual salary of a Judge of the Superior Court. The annual salary for a judge during the first year of the first reappointment, or first reapproval if not previously reappointed, shall be increased to [78 2/3 %] 78 2/3 percent of the annual salary of a Judge of the Superior Court.  Upon receipt of satisfactory annual evaluations, the annual salary for a judge shall be increased to [81 2/3 %] 81 2/3 percent of the annual salary of a Judge of the Superior Court for the second year of the first reappointment or reapproval and to [85%] 85 percent of the annual salary of a Judge of the Superior Court for the third year of the first reappointment or reapproval.  The annual salary shall be [85%] 85 percent of the annual salary of a Judge of the Superior Court for the fourth year of the first reappointment or reapproval and for each year of subsequent reappointments or reapprovals, as applicable thereafter.

     In addition to salary, an administrative law judge regularly assigned as an assignment judge shall receive $2,500 annually as additional compensation, and a judge regularly assigned other administrative or supervisory duties shall receive $1,500 annually as additional compensation.

     All administrative law judges, including the Chief Administrative Law Judge, shall be retired upon attaining the age of 70 years unless reapproved to continue in office solely by the advice and consent of the Senate, after which the judges shall be retired upon the anniversary of attaining the age of 70 years following the term for which the judges were reapproved; except that any administrative law judge who has retired on pension or retirement allowance may, with the judge's consent, be recalled by the Director/Chief Administrative Law Judge of the Office of Administrative Law for service as a recalled judge in the Office of Administrative Law , which in the case of a judge who is age 70 years or older, shall be for a period of no more than two years, and without any age restriction requiring that judge to cease service[No] A recalled judge [shall serve beyond his 80th birthday] may be recalled one or more times by the Director/Chief Administrative Judge for service as a recalled judge.

     Upon such recall the retired judge shall have all the powers of an administrative law judge and shall be paid a per diem allowance fixed by the Director/Chief Administrative Law Judge. In addition the recalled judge shall be reimbursed for reasonable expenses actually incurred by him in connection with his assignment and shall be provided with such facilities as may be required in the performance of his duties.  Such per diem compensation and expenses shall be paid by the State.  Payment for services and expenses shall be made in the same manner as payment is made to the judges of the Office of Administrative Law from which he retired.

(cf: P.L.2005, c.6, s.1)

 

     11.  This act shall take effect:

     a.     on the same day that the constitutional amendment proposed in Senate Concurrent Resolution No. 47, or a substantially similar resolution, takes effect, which permits Justices of the Supreme Court and certain other judges, if approved solely by the advice and consent of the Senate, to continue in office upon expiration of a term otherwise resulting in mandatory retirement; or

     b.    immediately, if the constitutional amendment described in subsection a. of this section is already in effect.

 

 

STATEMENT

 

     This bill would permit the following judges, if approved solely by the advice and consent of the Senate, to continue in office past the current law’s mandatory retirement age of 70 years for an additional term of two years: Justices of the Supreme Court; Judges of the Superior Court and Tax Court; Workers’ Compensation Judges; and Administrative Law Judges.  A justice or judge could be reapproved by the Senate for any number of two-year terms beginning at the age of 70 years, and at the expiration of each such term the justice or judge would face mandatory retirement unless reapproved again.

     Additionally, the bill would, consistent with the elimination of the mandatory retirement age based upon Senate approval and reapproval, eliminate the mandatory age for ceasing the service of any such judges on post-retirement recall when assigned by the appropriate supervising judicial authority, currently set at 80 years, but would limit any recall service to a two-year term.  Thus, for any such judge, whether remaining in office past the age of 70 years, or retired by (or after) that age and serving on recall, there would be no statutory limit on the number of additional two-year terms of recall service a judge could accept when presented by the appropriate supervising judicial authority.

     If a judge was reapproved by the Senate upon attaining the age of 70 years, that judge could continue to serve and would face mandatory retirement every two-years on the anniversary of attaining the age of 70 years, unless reapproved again.  At any point in time after retiring due to the expiration of a term without Senate reapproval, a judge would be eligible to serve on a temporary recall assignment for one or more two-year terms of recall service as described above.  If a judge was not reapproved by the Senate upon attaining the age of 70 years, the judge would be retired at that age, and similarly be eligible for one or more two-year terms of recall service.

     The bill would only take effect if a constitutional amendment is approved that would give the Senate new authority to unilaterally act to continue the service of previously nominated and appointed judges, all of whom currently serve, for specific terms prescribed in the Constitution or by law, based on the Governor’s plenary constitutional authority over all nominations and appointments to the Executive and Judicial branches.  See N.J. Const. Art. IV, Sec. V, par. 5 and Art. V, Sec. I, par. 12.  A proposed constitutional amendment to establish this new Senate authority has been introduced as Senate Concurrent Resolution 47. 

     One final note concerning Judges of the Tax Court: the bill, in section 1 (amending N.J.S.2B:13-7), codifies the original intent and subsequent understanding and practice between the Governor and Legislature since the passage and enactment of P.L.1993, c.74 (N.J.S.2B:13-1 et al.) creating such judges, which is that these judges, so closely paralleling the level of judicial authority of Judges of the Superior Court and being eligible for assignment to that or other courts, are subject to appointment with the Senate’s advice and consent in the same manner as Judges of the Superior Court.  The additional appointment language concerning the initial appointment and reappointment after seven years in section 1 reflects the existing understanding and practice, and is not intended to create a new appointment process for Judges of the Tax Court.