Bill Text: NJ SCR139 | 2016-2017 | Regular Session | Introduced

New Jersey Senate Concurrent Resolution 139 (Prior Session Legislation)

Introduced

Bill Title: Proposes amendment to Constitution permitting justices and judges to engage in extra-judicial activities for compensation as permitted by court rule.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-09 - Introduced in the Senate, Referred to Senate Judiciary Committee [SCR139 Detail]

Download: New_Jersey-2016-SCR139-Introduced.html

SENATE CONCURRENT RESOLUTION No. 139

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED JANUARY 9, 2017

Sponsored by:

Senator PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

SYNOPSIS

Proposes amendment to Constitution permitting justices and judges to engage in extra-judicial activities for compensation as permitted by court rule.

CURRENT VERSION OF TEXT

As 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 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:

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, except for deductions from such salaries for contributions, established by law from time to time, for pensions as provided for under paragraphs 3 and 5 of Section VI of this Article, health benefits, and other, similar benefits.

They shall not, while in office, engage in the practice of law or other gainful pursuit, except for 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 by a justice or judge in a single calendar year for participation in such activities exceed 15 percent of the justice's or judge's annual salary, and in no case shall the compensation received be an honorarium.

As used herein, "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 a justice's or judge's official duties or status.

(cf: Art. VI, Sec. VI, par. 6; amended effective December 6, 2012)

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:

	CONSTITUTIONAL AMENDMENT TO PERMIT JUSTICES AND JUDGES TO PARTICIPATE IN CERTAIN EXTRA-JUDICIAL ACTIVITIES FOR COMPENSATION
YES	Do you approve 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 that a justice or judge 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 no more than 15 percent of a justice's or judge's annual salary. Additionally, a justice or judge could not receive compensation in the form of an honorarium directly related to the official duties or status of the justice or judge.
	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 a justice's or judge's annual salary. Also, the justice or judge could not receive compensation in the form of 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, as permitted by the Supreme Court by court rule and subject to Supreme Court regulation. Presently, State Supreme Court Justices and Superior Court Judges are not permitted to engage in the practice of law or other gainful pursuit. See N.J. Const., Art. VI, Sec. VI, par. 6.

The total compensation a justice or judge could receive in a single year would be limited to no more than 15 percent of the justice's or judge's annual salary. Additionally, a justice or judge would not be permitted to receive compensation in the form of an honorarium, which is a payment of money or any other thing of value for an appearance, speech, or article directly related to the justice's or judge's official duties or status.