S167

An Act concerning certain judges and amending R.S.52:14-7.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.52:14-7 is amended to read as follows:

52:14‑7. Residency requirement for State officers.

a. As used in this section, "person holding an office in this State" means the Governor; a member of the Legislature; the head of each principal department of the Executive Branch of the State government; the Director/Chief Administrative Law Judge of the Office of Administrative Law and each judge in the Office of Administrative Law; the Director/Chief Judge of the Division of Workers= Compensation and each judge in the Division of Workers= Compensation; and every Justice of the Supreme Court, judge of the Superior Court and judge of any inferior court established under the laws of this State.

b. Except as otherwise provided by law, every person holding an office in this State, under the authority thereof, shall have his or her principal residence in this State and shall execute such office.

For the purposes of this subsection, a person may have at most one principal residence, and the state of a person's principal residence means the state (1) where the person spends the majority of his or her nonworking time, and (2) which is most clearly the center of his or her domestic life, and (3) which is designated as his or her legal address and legal residence for voting. The fact that a person is domiciled in this State shall not by itself satisfy the requirement of principal residency hereunder.

c. If any person holding any office or other position in this State shall attempt to let, farm out or transfer such office or position or any part thereof to any person, he shall forfeit the sum of fifteen hundred dollars ($1,500.00), to be recovered with costs by any person who shall sue for the same, one‑half to the prosecutor and the other half to the treasurer for the use of the State.

d. No person shall be appointed to or hold any position in this State who has not the requisite qualifications for personally performing the duties of such position in cases where scientific engineering skill is necessary to the performance of the duties thereof.

e. Any person holding or attempting to hold an office in violation of this section shall be considered as illegally holding or attempting to hold the same; provided that a person holding an office in this State shall have one year from the effective date of this act or from the time of taking the oath of office, whichever is later, to satisfy
the requirement of principal residency, and if thereafter such person fails to satisfy the requirement of principal residency as defined herein with respect to any 365‑day period, that person shall be deemed unqualified for office. The Superior Court shall, in a civil action in lieu of prerogative writ, give judgment of ouster against such person, upon the complaint of any officer or citizen of the State, provided that any such complaint shall be brought within one year of the alleged 365‑day period of failure to have his or her principal residence in this State.

(cf: P.L.1987, c.13, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill would require the Director/Chief Administrative Law Judge of the Office of Administrative Law, each judge in the Office of Administrative Law, the Director/Chief Judge of the Division of Workers= Compensation, and each judge in the Division of Workers= Compensation to be residents of this State.

Currently N.J.S.A.52:14-7 provides that every Aperson holding an office in this State@ shall have his principal residence in this State. The statute defines a Aperson holding an office in this State@ as the Governor; a member of the Legislature; the head of each principal department of the Executive Branch of State government; and every Justice of the Supreme Court, judge of the Superior Court and judge of any inferior court. This definition does not appear to include judges of the Division of Workers= Compensation or judges of the Office of Administrative Law who are employees of the Executive Branch of State Government.