New Jersey-2012-ACR101-Introduced

A Concurrent Resolution proposing to amend Article VI, Section VI, paragraph 6 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 6 to read as follows:

6. The Justices of the Supreme Court and the Judges of the Superior Court shall receive for their services such salaries as may be provided by law, which shall not be diminished during the term of their appointment. They shall not, while in office, engage in the practice of law or other gainful pursuit except in such activities and for such compensation as the Supreme Court may permit by court rule, and subject to the Supreme Court's regulation. However, in no case shall the compensation received in a single calendar year for participation in such activities exceed 15 percent of the justice or judge's annual salary, nor may a justice or judge receive an honorarium.

As used in this paragraph, "honorarium" means a payment of money or any thing of value for an appearance, speech or article, or a series of appearances, speeches, or articles, if the subject matter is directly related to the justice or judge's official duties or status as a justice or judge.

(cf: Art. VI, Sec. VI, para. 6)

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:

		AMENDMENT TO NEW JERSEY CONSTITUTION TO PERMIT JUSTICES AND JUDGES TO PARTICIPATE IN CERTAIN EXTRA-JUDICIAL ACTIVITIES FOR COMPENSATION
	YES	Do you approve of amending the New Jersey Constitution to permit State Supreme Court Justices and Superior Court Judges to participate in and receive compensation for certain outside activities? The activities justices and judges could participate in would be established by the Supreme Court by court rule and would be subject to Supreme Court regulation. In a single year, the compensation for outside activities would be limited to 15 percent of their annual salary. Additionally, the justices and judges could not receive an honorarium directly related to their official duties or to their status as justices or judges.
		INTERPRETIVE STATEMENT
	NO	Presently, State Supreme Court Justices and Superior Court Judges are not permitted to engage in the practice of law or other gainful pursuit. This amendment would allow them to engage in certain extra-judicial activities and to receive compensation for those activities. The Supreme Court would regulate which activities and what compensation are permitted. The yearly total compensation would be limited to 15 percent of the justice or judge's annual salary. Also, the justice or judge could not receive an honorarium, which is a payment of money for an appearance, speech, or article directly related to the justice's or judge's official duties or status.

STATEMENT

This proposed amendment to the New Jersey Constitution would permit State Supreme Court Justices and Superior Court Judges to participate in and receive compensation for certain extra-judicial activities. Presently, justices and judges are not permitted to engage in the practice of law or other gainful pursuit. If approved, this amendment would allow justices and judges to engage in extra-judicial activities for compensation as permitted by the Supreme Court in the court rules and subject to Supreme Court regulation. The total compensation a justice or judge could receive in a single year would be limited to 15 percent of the justice or judge's annual salary. Additionally, justices and judges would not be permitted to receive an honorarium, which is a payment of money or any other thing of value for an appearance, speech, or article, or series of appearances, speeches, or articles directly related to the justice's or judge's official duties or status as a justice or judge.

The provisions of this amendment are modeled on the current rules for federal judges.