ACR190

A Concurrent Resolution proposing an amendment to Article VI, Section VI, paragraph 3 and adding a new section to Article VI 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 amendments to the Constitution of the State of New Jersey are hereby agreed to:

PROPOSED AMENDMENT

a. Amend Article VI, Section VI, paragraph 3 to read as follows:

3. a. The Justices of the Supreme Court shall hold their offices for an initial term of 7 years and upon approval by the voters as provided in Article VI, Section IX hold office for an additional term of 7 years. There shall be no limitation on the number of terms which a justice may serve, provided that a justice shall be retired upon attaining the age of 70 years. Provisions for the pensioning of the Justices of the Supreme Court shall be made by law.

b. The [Justices of the Supreme Court and the] Judges of the Superior Court shall hold their offices for initial terms of 7 years and upon reappointment shall hold their offices during good behavior; provided however, that, upon the abolition of the juvenile and domestic relations courts or family court and county district courts as provided by law, the judges in office in those former courts who have acquired tenure and the Judges of the Superior Court who have acquired tenure as a judge in those former courts prior to appointment to the Superior Court, shall have tenure as Judges of the Superior Court. Judges of the juvenile and domestic relations courts or family court and county district courts who have not acquired tenure as a judge of those former courts shall hold their offices for the period of their respective terms which remain unexpired and shall acquire tenure upon reappointment to the Superior Court. Such [justices and] judges shall be retired upon attaining the age of 70 years. Provisions for the pensioning of the [Justices of the Supreme Court and the] Judges of the Superior Court shall be made by law.

(cf: Article VI, Section VI, paragraph 3; effective December 8, 1983)

b. Amend Article VI by the addition of a new Section IX to read as follows:

1. a. The question of whether a justice of the Supreme Court shall be retained in office shall be submitted by referendum to the people at the general election next preceding the expiration of the justice’s term in the manner prescribed by law.

The question of whether a justice should be retained in office shall be included on the ballot as follows:

“Shall . . . (insert name of justice) of the Supreme Court who has served on the Supreme Court since . . .(insert date of initial appointment) be retained in office? Yes [ ] No [ ] ”

b. If a majority of those voting on the question vote against retaining a justice in office, a vacancy shall exist as of the date the results of the election are certified by the Secretary of State.

c. If a majority of voters vote against retaining a justice in office, that justice shall not be eligible for any subsequent appointment to the Supreme Court.

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 (T) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (T) in the square opposite the word "No."

b. In every municipality the following question.

		CONSTITUTIONAL AMENDMENT TO ABOLISH TENURE FOR SUPREME COURT JUSTICES AND ESTABLISH RETENTION ELECTIONS TO DETERMINE WHETHER THEY SHOULD REMAIN IN OFFICE
	YES	Do you approve amending the New Jersey Constitution to abolish tenure for Supreme Court Justices and establish retention elections to determine whether the Justices should remain in office?
		INTERPRETIVE STATEMENT
	NO	This proposed amendment to the Constitution eliminates tenure for Supreme Court Justices. It also requires the voters to approve the retention of Supreme Court Justices after completion of their first term. Currently, Supreme Court Justices are appointed by the Governor with the advice and consent of the Senate for a term of seven years. If reappointed by the Governor with the advice and consent of the Senate, a Justice continues to serve until the mandatory retirement age of 70. This amendment provides that after an initial seven-year term, a Supreme Court Justice could continue to serve only upon approval by the voters, who would be asked to decide whether the Justice should receive an additional seven-year term. The vote would take place at the general election next preceding the expiration of the Justice’s term. The Governor and the Senate would not be involved in reappointments after the initial term. This amendment does not limit the number of times a Justice can be reappointed for seven-year terms. Justices will still be required to retire at age 70, as they are under current law.

SCHEDULE

This constitutional amendment shall, if approved take effect on January 1, next following the general election at which it was approved and shall be applicable to Supreme Court justices whose initial term expires on or after that date.

STATEMENT

The Constitution currently provides that Justices of the Supreme Court are appointed by the Governor with the advice and consent of the Senate for an initial term of seven years. Upon reappointment by the Governor with the advice and consent of the Senate, Justices receive tenure. This concurrent resolution proposes a constitutional amendment eliminating tenure and providing for retention elections to determine whether Justices would remain in office.

Under the proposed amendment, Justices would continue to be appointed by the Governor with the advice and consent of the Senate for an initial term of seven years. However, the question of whether a Justice will be retained in office would be submitted by referendum to the voters at the general election next preceding the expiration of the Justice’s term. The Governor and the Senate would not be involved in reappointments after the initial term.

There would be no limitation on the number of terms which a Justice could serve but as under present law, a Justice would be required to retire upon reaching age 70.