SENATE CONCURRENT RESOLUTION No. 117

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 20, 1997

 

 

By Senators CARDINALE and SCOTT

 

 

A Concurrent Resolution proposing an amendment to Article VI of the Constitution of the State of New Jersey to establish a Citizens’ Judicial Inquiry Commission to investigate and hear complaints against members of the Judiciary.

 

    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 hereby agreed to:

    a. Amend Article VI, section VI, paragraph 4 to read as follows:

    4. The Justices of the Supreme Court and the Judges of the Superior Court shall be subject to impeachment, and any judicial officer impeached shall not exercise his office until acquitted. The Judges of the Superior Court shall also be subject to removal from office by the Supreme Court for such causes and in such manner as shall be provided by law. Justices of the Supreme Court and Judges of the Superior Court shall also be subject to the jurisdiction of the Citizens' Judicial Inquiry Commission as provided in Article VI, section IX.

    b. Amend Article VI, section VI, paragraph 5 to read as follows:

    5. Whenever the Supreme Court shall certify to the [Governor] Citizens' Judicial Inquiry Commission that it appears that any Justice of the Supreme Court or Judge of the Superior Court is so incapacitated as substantially to prevent him from performing his judicial duties, [the Governor shall appoint a commission of three persons to inquire into the circumstances; and, on their] on the Commission's recommendation, the Governor may retire the justice or judge from office, on pension as may be provided by law.

    c. Amend Article VI by the addition of the following:

 

Section IX

 

    There is hereby established a Citizens' Judicial Inquiry Commission which shall consist of nine members, no more than five of whom shall be of the same political party, who shall serve for a term of five years and until the appointment and qualification of their successors. Members of the Citizens' Judicial Inquiry Commission shall be appointed as follows: five by the Governor with the advice and consent of the Senate, no more than three of whom shall be of the same political party; two persons appointed by the President of the Senate, no more than one of whom shall be of the same political party and two persons appointed by the Speaker of the General Assembly, no more than one of whom shall be of the same political party. One of the members appointed by the President of the Senate and one of the members appointed by the Speaker of the General Assembly may be an attorney. None of the members appointed by the Governor shall be attorneys.

 

    2. Of the persons initially appointed to the Commission, two of the members appointed by the Governor and one of the members appointed by the Senate President shall serve a five year term; two members appointed by the Governor and one of the members appointed by the Speaker of the General Assembly shall serve four year terms. The remaining members shall serve three year terms. Any vacancy occurring in the membership of the commission shall be filled in the same manner as the original appointment but for the unexpired term only.

 

    3. a. The Citizens' Judicial Inquiry Commission shall have the authority to conduct investigations, and receive or initiate complaints concerning any Supreme Court Justice or any judge. Seven members of the commission shall constitute a quorum.

    b. If the Commission determines by a majority vote of the members in attendance at a meeting that a justice or judge has violated any canon of judicial ethics, committed misconduct in office, failed to perform his duties or is physically or mentally unable to perform his duties, the Commission is authorized to remove or suspend the justice or judge from office, order changes or re-education in relation to the judicial performance of the justice or judge or make any other disposition which the commission deems appropriate including a salary reduction or other monetary penalty.

    c. Any findings and all proceedings of the Commission shall become public at the conclusion of each matter.

    d. The Commission shall have subpoena power and the authority to appoint and direct its staff.

    e. As used in this section:

            a. "Judge" means any judge of the Superior Court, Tax Court or a municipal court.

            b. "Misconduct in office" shall include but not be limited to rendering any decision which improperly infringes on powers reserved to the Legislature.

 

    4. 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.

 

    5. 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:








 

 

ESTABLISHMENT OF JUDICIAL INQUIRY COMMISSION FOR THE PURPOSE OF INVESTIGATING AND RULING ON COMPLAINTS AGAINST SUPREME COURT JUSTICES AND STATE AND OTHER JUDGES IN THE COURT SYSTEM.






 

YES

   Shall the amendment to Article VI of the State Constitution, agreed to by the Legislature, establishing a Citizens' Judicial Inquiry Commission as a method for investigating and ruling on complaints against members of the Judiciary, be approved?

 

 

INTERPRETIVE STATEMENT






















 

NO

     This amendment would establish a nine member bipartisan Citizens' Judicial Inquiry Commission. This Commission would investigate and hear complaints against members of the Judiciary. If the commission finds that a judge committed misconduct or an ethical violation, failed to perform his duties or is incapable of performing his duties, the commission could remove or suspend the judge from office, order changes or re-education with regard to the judge's performance or make any other disposition. No more than two members of the commission could be attorneys. Presently, Supreme Court Justices and Superior Court Judges may be removed from office, however, no impeachment proceedings have been instituted since the Constitution of 1947 was adopted. Superior Court judges, Tax Court judges and municipal court judges may also be removed pursuant to a proceeding instituted by the Supreme Court.

 

 

STATEMENT

 

    This amendment would establish a nine member bipartisan Citizens' Judicial Inquiry Commission. This commission would be authorized to investigate and hear complaints against members of the Judiciary. If the commission determines that a member of the Judiciary committed misconduct or an ethical violation, failed to perform his duties or is incapable of performing his duties, the commission is empowered to remove or suspend the judge from office, order changes or re-education with regard to the judge's performance or make any other disposition which the commission deems appropriate. The Governor would appoint five members to the commission and the President of the Senate and the Speaker of the General Assembly would each appoint two members. No more than two of the members could be attorneys. Presently, Supreme Court Justices and Superior Court Judges may be removed from office through impeachment proceedings. Superior Court Judges, Tax Court judges and municipal court judges may also be removed from office pursuant to a statutory proceeding instituted by the Supreme Court.

 

 

                             

 

Establishes a Citizens' Judicial Inquiry Commission to investigate and hear complaints against members of the Judiciary.