ASSEMBLY CONCURRENT RESOLUTION No. 31

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman CRECCO

A Concurrent Resolution proposing an amendment to Article VI, section VI, paragraph 3 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 3 to read as follows:

    3. The Justices of the Supreme Court and the Judges of the Superior Court shall hold their offices for [initial] terms of 7 years [and upon reappointment shall hold their offices during good behavior; 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 justices and judges shall be retired upon attaining the age of 70 years. Provisions for the pensioning of the Justices of the Supreme Court and the Judges of the Superior Court shall be made by law.

(cf: Article VI, section VI, paragraph 3, effective December 8, 1983)

    2. This amendment shall not apply to Justices of the Supreme Court or Judges of the Superior Court who have acquired tenure in office prior to the effective date of this amendment.

    3. 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.

    4. 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 () in the square opposite the word "Yes." If you are opposed thereto make a cross (x), plus (+) or check () in the square opposite the word "No."

    b. In every municipality the following question:

STATEMENT

    Presently, Justices of the Supreme Court and Judges of the Superior Court, after serving an initial seven year term, achieve tenure in office upon reappointment and may serve until reaching the mandatory retirement age of 70. This proposed constitutional amendment would eliminate tenure in office for Supreme Court Justices and Superior Court Judges. Justices and Judges appointed in the future and those presently serving who have not achieved tenure in office would be eligible for reappointment every seven years.

Proposes an amendment to the Constitution eliminating tenure in office for Supreme Court Justices and Superior Court Judges.