SCR47

A Concurrent Resolution proposing to amend Article IV, Section V, paragraph 5 and Article VI, Section VI, paragraph 3 of the New Jersey Constitution.

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

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

PROPOSED AMENDMENT

a. Amend Article IV, Section V, paragraph 5 to read as follows:

5. Neither the Legislature nor either house thereof shall elect or appoint any executive, administrative or judicial officer except the State Auditor; provided that the Senate, pursuant to any law enacted by the Legislature, may reapprove solely by advice and consent any judicial officers or judges serving as administrative officers in the executive branch to continue in office after the expiration of any term that would otherwise result in mandatory retirement as set forth in this Constitution or by law.

(cf: Art. IV, Sec. V, par. 5)

b. Amend Article VI, Section VI, paragraph 3 to read as follows:

3. The Justices of the Supreme Court and the Judges of the Superior Court shall all hold their offices for initial terms of [7] seven years and upon reappointment shall hold their offices [during good behavior] until the age of 70 years, after which the justices and judges shall continue to hold their offices for additional terms of two years, if for each two-year term, the justices and judges are reapproved solely by the advice and consent of the Senate pursuant to any law enacted by the Legislature; provided however, that, upon the abolition of the juvenile and domestic relations courts or family court and county district courts as provided by law, the judges in office in those former courts who have acquired tenure and the Judges of the Superior Court who have acquired tenure as a judge in those former courts prior to appointment to the Superior Court, shall have tenure as Judges of the Superior Court. Judges of the juvenile and domestic relations courts or family court and county district courts who have not acquired tenure as a judge of those former courts shall hold their offices for the period of their respective terms which remain unexpired and shall acquire tenure upon reappointment to the Superior Court. [Such] All justices and judges shall be retired upon attaining the age of 70 years, except for

any justices and judges reapproved by the Senate to continue in office, after which the justices and judges shall be retired upon the anniversary of reaching the age of 70 years following the terms for which the justices and judges were reapproved. Provisions for the pensioning of the Justices of the Supreme Court and the Judges of the Superior Court shall be made by law.

(cf: Art. VI, Sec. VI, par. 3; amended effective December 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 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:

		CONSTITUTIONAL AMENDMENT TO ALLOW JUSTICES AND JUDGES TO STAY IN OFFICE PAST RETIREMENT AGE IF AGREED TO BY THE SENATE
	YES	Do you approve amending the Constitution to allow justices and judges to stay in office past the required retirement age of 70 in some circumstances? The judges subject to the amendment would include Supreme Court justices and Superior Court judges. Other judges facing retirement at age 70 would also be affected. The Senate would have to agree to allow a judge to stay in office. The judge would serve a new term of two years, and would then have to retire unless the Senate agreed to another term of two years. The amendment would not take effect until a law is passed to allow judges to remain in office past their required retirement age.
		INTERPRETIVE STATEMENT
	NO	Various judges are required to retire at age 70. This includes Supreme Court justices. The amendment would allow these judges to remain in office after age 70 and serve one or more additional two-year terms. The Senate would have to approve, every two years, each judge to remain in office. Any judge not approved by the Senate would have to retire. This amendment would affect Supreme Court justices, judges who hear appellate court matters, and trial court and family court matters. It would also affect judges who hear tax court matters, workers’ compensation matters, and administrative law matters. In addition, it may affect any new type of judge created by the Legislature by a future law. The amendment would not take effect until a law is enacted allowing judges to remain in office past their required retirement age.

SCHEDULE

This constitutional amendment shall take effect on January 1 next following the general election at which it was approved, and apply to all types of judges described in the amendment, subject to enabling legislation, in office on or after that day.

STATEMENT

Under the Constitution and current law, several types of judges must retire at age 70: Justices of the Supreme Court – N.J. Const. Art. VI, Sec. VI, par. 3; Judges of the Superior Court and Tax Court – N.J. Const. Art. VI, Sec. VI, par. 3 and N.J.S.2B:13-7; Workers’ Compensation Judges – R.S.34:15-49; and Administrative Law Judges – P.L.1978, c.67, s.4 (C.52:14F-4). This concurrent resolution proposes a constitutional amendment that would allow these judges to stay in office past their retirement age for one or more additional two-year terms if unilaterally agreed to by an advice and consent vote in the Senate, based on new laws enacted by the Legislature. Any judge not reapproved by an advice and consent vote would have to retire at the end of the two-year term for which the judge was reapproved.

The amendment could also apply to any new type of judge created by law with a required retirement age, subject to staying in office with Senate approval.