SENATE, No. 525

STATE OF NEW JERSEY

INTRODUCED JANUARY 29, 1996

By Senator BASSANO

An Act concerning the appointment of judges and prosecutors and supplementing Title 2B of the New Jersey Statutes.

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

    1. a. There is hereby established a Judicial and Prosecutorial Appointments Committee which shall consist of 25 members, no more than 13 of whom shall be of the same political party, who shall serve for a term of three years and until the appointment and qualification of their successors. Members of the committee shall be appointed by the Governor with the advice and consent of the Senate.

    b. Members of the committee shall be attorneys-at-laws and each county shall at all times have at least one resident serving on the committee.

    c. Of the persons initially appointed to the committee, nine shall serve three year terms; eight shall serve two year terms and eight shall serve one year terms. Any vacancy in the membership of the committee shall be filled in the same manner as the original appointment but for the unexpired term only.

    d. The committee shall organize as soon as may be practicable after the appointment of its members and shall select a chairman from among its members and a secretary, who need not be a member of the committee.

    2. Prior to nomination, the Governor shall submit to the committee the name of a prospective candidate for a judicial or prosecutorial appointment. The Governor shall also submit to the committee prior to reappointment the name of any sitting judge or prosecutor. The committee shall conduct a background investigation and recommend a candidate to the Governor as "exceptionally well-qualified"; "well-qualified"; "qualified" or "not qualified." With regard to a reappointment, the committee shall indicate its "approval" or "disapproval."

    3. a. In reviewing a prospective candidate, the committee shall consider the following:

    (1) The candidate's reputation for integrity;

    (2) Whether the candidate possesses a high degree of knowledge of established legal principles and procedures and a high degree of ability to interpret and apply legal principles to specific factual situations;

    (3) Whether the candidate possesses judicial temperament which includes common sense, compassion, decisiveness, firmness, humility, open-mindedness, patience, tact and understanding;

    (4) Whether the candidate possesses effective management skills;

    (5) The candidate's physical and mental health;

    (6) Whether the candidate has been financially responsible; and

    (7) The candidate's previous public service activities.

    b. In reviewing a judge for reappointment, the committee shall consider the following:

    (1) Whether the judge possesses judicial temperment;

    (2) Whether the judge upholds the integrity of the judiciary;

    (3) Whether the judge knows and understands the law;

    (4) Whether the judge is a good manager;

    (5) Whether the judge is punctual;

    (6) Whether the judge attended and takes part in judicial and continuing legal education programs;

    (7) Whether the judge works effectively with other judges; and

    (8) Whether the judge is prepared and attentive and exercises appropriate control over judicial proceedings.

    4. a. All reviews of prospective candidates and reappointments by the committee shall be strictly confidential. Reports by the committee to the Governor shall be confidential also except if the Governor shall nominate a candidate receiving a "not qualified" recommendation or a reappointment which was disapproved, the committee shall be free to communicate concerning that nomination with the appropriate committee of the New Jersey Senate.

    b. The provisions of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.) shall not be applicable to meetings of the committee.

    5. This act shall take effect six months following enactment.

STATEMENT

    This bill would establish a Judicial and Prosecutorial Appointments Committee. The committee would consist of twenty-five members appointed on a bi-partisan basis by the Governor with the advice and consent of the Senate. Each county would have at least one resident at all times on the committee and all members of the committee would be attorneys.

    Under the bill, prior to making a nomination filling a judicial or prosecutorial vacancy, the Governor shall submit the name of the prospective candidate to the committee for its review. Reappointment of sitting judges and prosecutors shall also be submitted to the committee for its review. The committee shall conduct a background investigation and using the criteria set forth in the bill make a recommendation to the Governor. With regard to an initial appointment, the committee shall rate the candidate as "exceptionally qualified"; "well qualified"; "qualified" or "not qualified." With regard to reappointments, the committee shall indicate to the Governor whether the reappointment is approved or not approved.

    Reviews and recommendations by the committee would be confidential except if the Governor nominates a candidate who was rated "not qualified" or makes a reappointment which was not approved in which case the committee may communicate with the Senate concerning the nomination. Meetings by the committee would not be subject to the provisions of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).

Establishes committee to review judicial and prosecutorial appointments.