N.J. Constitutional Convention: Volume 2 Page 1180.

Constitutional Convention Vol II. Appendix and Index No Comments

COMMITTEE ON THE JUDICIARY

COMMITTEE ON THE JUDICIARY

REPORT

August 26, 1947.

To the Delegates of the Convention:

The Committee on the Judiciary has heretofore submitted its proposed Judicial Article, including the Schedule thereto, and with certain amendments it has been adopted by the Convention. The Committee submits herewith a report which embodies: (a) a statement of the fundamental characteristics of a modern judicial system, (b) an outline of the proposed court structure, (c) a statement of the principles underlying the proposed Judicial Article, (d) an Appendix which contains annotations of the Article, and (e) an Appendix which contains recommendations for legislation and rules of court.

I&nbspThe Fundamental Characteristics of a Modern&nbspJudicial System

The testimony presented to the Committee was in large measure in agreement as to the essential characteristics of a modern judicial system. Three fundamental requirements were particularly stressed:

  • First: Unification of courts. By this means, the judicial system is simplified and the condition for economical and efficient administration established. It is the sole known technique for abolishing jurisdictional controversies which delay justice and waste the time and money of litigants and courts.
  • Second: Flexibility of the court system. By assignment of judges according to ability, experience and need, and apportionment of judicial business among courts, divisions and parts according to the volume and type of cases, judicial resources can be fully utilized and litigation promptly decided.
  • Third: Control over administration, practice and procedure by rules of court. Exclusive authority over administration, and primary responsibility for establishing rules of practice and procedure, secures business-like management of the courts as a whole and promotes simplified and more economical judicial procedures.

These were the basic principles which guided the Committee in framing the Judicial Article submitted to the Convention. Two other considerations, specially pertinent to the text and scope of constitutional provisions governing the judiciary, were also observed by the Committee:

Previous Page in Book | Table of Contents | Next Page in Book