Bill Text: NJ ACR142 | 2014-2015 | Regular Session | Introduced

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Bill Title: Proposes constitutional amendment removing gubernatorial appointment of certain municipal court judges.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-03-24 - Introduced, Referred to Assembly Judiciary Committee [ACR142 Detail]

Download: New_Jersey-2014-ACR142-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 142

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED MARCH 24, 2014

 

 

Sponsored by:

Assemblyman  JOHN S. WISNIEWSKI

District 19 (Middlesex)

Assemblyman  JOHN F. MCKEON

District 27 (Essex and Morris)

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment removing gubernatorial appointment of certain municipal court judges.

 

CURRENT VERSION OF TEXT

     As introduced.

 

A Concurrent Resolution proposing to amend Article VI, Section VI, paragraph 1 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 1 to read as follows:

     1.    The Governor shall nominate and appoint, with the advice and consent of the Senate, the Chief Justice and associate justices of the Supreme Court[,] and the Judges of the Superior Court[, and the judges of the inferior courts with jurisdiction extending to more than one municipality]; except that upon the abolition of the juvenile and domestic relations courts or family court and county district courts as provided by law, the judges of those former courts shall become the Judges of the Superior Court without nomination by the Governor or confirmation by the Senate.  No nomination to such an office shall be sent to the Senate for confirmation until after 7 days' public notice by the Governor.

     Judges of the inferior courts with jurisdiction extending to more than one municipality shall be appointed as may be provided by law.

(cf: Art. VI, Sec. VI, para.1 amended effective Dec. 8, 1983)

 

     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 Attorney General, 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.    n every municipality the following question:

 

		CONSTITUTIONAL AMENDMENT TO PROVIDE THAT CERTAIN MUNICIPAL COURT JUDGES BE APPOINTED AS SET BY STATUTE
	YES	Do you approve amending the Constitution to allow the Legislature to provide by law a method of appointing municipal court judges in municipal courts that have jurisdiction over more than one municipality?     This would replace the current appointment process required by the Constitution. That process requires the judges to be appointed by the Governor with the advice and consent of the Senate.
		INTERPRETIVE STATEMENT
	NO	Currently, the Constitution requires that judges appointed to courts that hear cases from more than one municipality be nominated by the Governor and approved by the Senate.     This amendment would allow the Legislature to enact laws creating a new method of appointment.  The Legislature could enact a law that continues the existing process or create a new process.  The new process need not involve the Governor and the Senate.     The change would apply to judges for certain courts known as joint municipal courts and central municipal courts.  The change would not apply to judges of courts of single municipalities.     A "yes" vote would amend the Constitution to allow the Legislature to create an appointment process for judges of joint and central municipal courts.     A "no" vote would leave the Constitution unchanged.  These judges would continue to be appointed by the Governor with the advice and consent of the Senate.

 

 

STATEMENT

 

     This concurrent resolution proposes an amendment to Article VI, Section VI, paragraph 1 of the New Jersey Constitution which would eliminate the Governor and the Senate from involvement in the appointment of certain municipal court judges. The constitutional amendment would provide that judges of municipal courts with jurisdiction extending to more than one municipality would be appointed as provided in law rather than as provided in the Constitution, which requires these judges to be nominated by the Governor and appointed with the advice and consent of the Senate.

      The statutes currently provide for three types of municipal courts: municipal courts of single municipalities, joint municipal courts, and central municipal courts. A municipal court of a single municipality is created by a single municipality and has jurisdiction over cases from that municipality. A judge of a municipal court of a single municipality is appointed at the municipal level. A joint municipal court is created by two or more municipalities and has jurisdiction over cases from these municipalities. A central municipal court is created by a county and has jurisdiction over cases from all municipalities in that county.  The Constitution requires judges of joint municipal courts and central municipal courts to be nominated and appointed at the State level by the Governor with the advice and consent of the Senate.

     This constitutional amendment would give the Legislature the option to enact a statute that takes the Governor and the Senate out of these appointments and allows these judges to be appointed by another method. For example, judges of a joint municipal court could be appointed solely by the municipalities that created the joint municipal court, and judges of a central municipal court could be appointed solely by the county that created the central municipal court. This constitutional amendment would not preclude the possibility that a statute would continue to provide for nomination by the Governor with the advice and consent of the Senate but it does permit a statute to set forth another method of selection and appointment.