New Jersey

Current Methods of Judicial Selection

SELECTION OF JUDGES

  Supreme Court Appellate Division of Superior Court Superior Court
Law and Chancery Division
Number of judgeships 7 34 395
Number of vicinages* --- --- 15
Geographic basis for selection statewide ** county
Method of selection (full term) gubernatorial appointment with senate confirmation ** gubernatorial appointment with senate confirmation
Length of Initial term 7 yrs ** 7 yrs
Method of retention gubernatorial reappointment with senate confirmation ** gubernatorial reappointment with senate confirmation
Length of subsequent terms until age 70 ** until age 70
Method of filling interim vacancies gubernatorial reappointment with senate confirmation ** gubernatorial reappointment with senate confirmation
When interim judges stand for appointment/election 7 yrs ** 7 yrs
Selection of chief judge/justice gubernatorial appointment with senate confirmation designated by chief justice designated by chief justice
Term of office for chief judge/justice duration of service indefinite indefinite
Qualifications admitted to state practice for 10 yrs ** admitted to state practice for 10 yrs

*Vicinage is from the Latin vicinus and means vicinity or neighborhood. In New Jersey, there are 15 vicinages and 21 counties. A vicinage consists of one county in more populous areas and two or three counties in less populous areas.

**The chief justice of the supreme court assigns superior court judges to the appellate division. Such assignments are for fixed terms.

MORRIS COUNTY SELECTION COMMITTEE
In 1994, two state senators began a program known as the Morris County Compact. Under the compact, a selection committee was formed to advise senators of the qualifications of candidates seeking judicial appointments. The eleven-member committee is composed of both lawyers and non-lawyers. Five lawyers are chosen by the Morris County Bar Association, and five non-lawyers are chosen by participating senators. These ten members select an eleventh member to serve as committee chair. The committee interviews candidates, reviews their qualifications, and recommends for appointment only those it considers "highly qualified." Such a rating requires the approval of at least eight committee members. The participating senators agree not to support a judicial candidate who does not have committee approval, and not to subject committee-approved candidates to senatorial courtesy. The program has begun to generate interest among senators in other counties.

REMOVAL OF JUDGES
New Jersey judges may be removed in one of three ways:

  • Removal proceedings against judges may be instigated by a majority of either house, by the governor filing a complaint with the supreme court, or by the supreme court on its own motion. The supreme court maintains an advisory committee on judicial conduct composed of private citizens appointed by the court. The committee reviews all allegations of misconduct and either dismisses the charges or recommends a formal hearing. Based upon the hearing, judges may be reprimanded, censured and suspended without pay, or removed from office.

  • Judges may be impeached by a majority vote of all members of the general assembly and removed by a two-thirds vote of the senate.

  • When the supreme court certifies to the governor that a judge is so incapacitated that s/he cannot substantially perform his/her judicial duties, a three-person commission is appointed to look into the matter. Upon the commission's recommendation, the governor may retire the judge from office.

JUSTICES OF THE SUPREME COURT
Deborah T. Poritz
Chief justice. Republican. First woman to serve as chief justice. Appointed 1996 by Governor Whitman; reappointed 2003. Reaches mandatory retirement age in 2006.

Virginia Long
Democrat. Appointed 1999 by Governor Whitman. Term expires 2006. May be reappointed for a term ending at age 70.

Peter G. Verniero
Republican. Appointed 1999 by Governor Whitman. Term expires 2006. May be reappointed for a term ending at age 70.

Jaynee LaVecchia
Independent. Appointed 2000 by Governor Whitman. Term expires 2007. May be reappointed for a term ending at age 70.

James R. Zazzali
Democrat. Appointed 2000 by Governor Whitman. Reaches mandatory retirement age in 2007.

Barry T. Albin
Democrat. Appointed 2002 by Governor McGreevey. Term expires 2009. May be reappointed for a term ending at age 70.

John E. Wallace, Jr.
Democrat. Appointed 2003 by Governor McGreevey. Term expires 2010. May be reappointed for a term ending at age 70.

LIMITED JURISDICTION COURTS

  Jurisdiction Selection of
judges
Retention of
judges
Qualifications
Municipal Court motor vehicle and traffic violations; quasi-criminal offenses; municipal ordinance violations; fish and game violations; criminal offenses when jury trial waived by defendant; probable cause hearings; actions in eviction

mayoral appointment with city council consent or appointment by municipal governing body*

same as method of selection; judges serve 3 yr terms without tenure state resident; practicing attorney > 5 yrs
Tax Court appeals from county boards of taxation; appeals of tax decisions of state, county or municipal officials gubernatorial appointment with senate approval for 7 yr term gubernatorial reappointment with senate approval until age 70 state practice > 10 yrs; special knowledge and experience with taxation matters

*In joint municipal courts, which are courts serving more than one municipality, the appointment is made by the governor with senate approval.