The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging the validity of state laws under the state constitution. It has the sole authority to prescribe and amend court rules and regulate the practice of law, and it is the arbiter and overseer of the decennial legislative redistricting. Two of its former members, Mahlon Pitney and William J. Brennan Jr., became associate justices of the Supreme Court of the United States.
It has existed in three different forms under the three different state constitutions since the independence of the state in 1776. As currently constituted, the court replaced the prior New Jersey Court of Errors and Appeals, which had been the highest court created under the Constitution of 1844.Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 12:1-1 Now, the Supreme Court hears appeals from the Appellate Division and, on rare occasions, other cases from within the judicial and administrative system directly, by order of the Court.Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 1:2-2
Previous compositions Until the Constitution of 1947, the Supreme Court was an intermediate court. Under the two previous New Jersey state constitutions (1776 and 1844), the phrase "Supreme Court" referred to a lower court, similar to the New York Supreme Court. Both the "supreme court" and the actual highest court were composed in a radically different manner from that of the current supreme court or its inferior courts.
Under the 1776 constitution Under the colonial constitution of 1776, the upper house of the legislature (which was styled the Legislative Council) along with the governor was to be "the Court of Appeals", defined as the court of last resort, similar to the Law Lords of Great Britain.New Jersey State Constitution of 1776, Article IX. A separate "Supreme Court" was also mentioned, but no indication of its duties was given, only term limits of its judges (seven years).New Jersey State Constitution of 1776, Article XII. As time progressed and political philosophies changed, people took issue with numerous parts of the original constitution: It was hastily thrown together, used property qualifications for enfranchisement, contained scant guarantees of freedoms, was unamendable, and freely intermingled the three branches of government.
Jurisdiction
Under the current (1947 and amended) constitution, the highest court in the state is the Supreme Court.New Jersey State Constitution of 1947, Article VI, Section II. It does not have original jurisdiction; instead, it hears appeals, oversees the state's court system, and regulates the legal profession within the state.New Jersey State Constitution of 1947, Article VI, Section V.
Normally, an appeal from one of the trial divisions of the New Jersey Superior Court goes to the Appellate Division of that court. Thereafter, it may be brought before the Supreme Court if a statute provides that the case may go to that court, or if it meets one or more of the following five requirements:New Jersey State Constitution of 1947, Article VI, Section V. as of right if the case involves a question of constitutionality; as of right if an Appellate Division judge dissented from that court's ruling; formerly, as of right if the case involved capital punishment (now abolished in New Jersey); at the Supreme Court's discretion, when the Supreme Court grants certification; or by operation of law if the case involves the drawing of political boundaries (see below).
Political functions The court serves as a de facto tie-breaker in case the twelve-member New Jersey Redistricting Commission fails to come to an agreement on who the 13th independent tie-breaking member will be, following the decennial United States Census. If the commission reports ("certifies") to the court that it is evenly divided, the commission may nominate two people to become an independent 13th member. The court appoints the one deemed "more qualified," who will then break the tie.New Jersey State Constitution of 1947, Article II, Section I.
If the Commission still cannot reach a 7–6 majority in favor of a final redistricting configuration, the two district plans receiving the greatest number of votes, but not fewer than five votes, are submitted to the Supreme Court, which selects and certifies whichever of the two plans so submitted conforms most closely to the requirements of the Constitution and laws of the United States.New Jersey State Constitution of 1947, Article II, Section I.
In the case of the Apportionment Commission for state legislative districts, the Chief Justice alone gets to pick the final 11th member of the commission.New Jersey State Constitution of 1947, Article IV, Section III. The court also acts as final arbiter of the inability or absence of the Governor or Lieutenant Governor, following a declaration by the Legislature.New Jersey State Constitution of 1947, Article V, Section I. As in federal impeachment trials, in case of impeachment of the Governor, the Chief Justice presides.New Jersey State Constitution of 1947, Article VII, Section III.
Membership Appointment, composition, and life on the bench The Governor nominates all justices to the Court but may choose only from among those lawyers admitted to the New Jersey bar for at least ten years. Following seven days of public notice, nominees are put before the Senate for "advice and consent".New Jersey State Constitution of 1947, Article VI, Section VI. Once appointed after State Senate confirmation, justices (and all state judges in New Jersey) serve for an initial term of seven years. After their initial term, the Governor may choose to nominate them for tenure, sending the nomination for tenure to the State Senate, which must again decide whether or not to grant advice and consent. Judges confirmed to a tenured position on the Court serve until they die, resign, retire or are retired, are impeached and removed, or reach the age of 70, at which point they are automatically retired. The Court consists of seven justices, one of whom serves as the chief justice. The chief justice may select judges from the Superior Court, senior in service, to serve temporarily on the Supreme Court when he determines it necessary to fill a vacancy.New Jersey State Constitution of 1947, Article VI, Section II.
The salary of the chief justice of the New Jersey Supreme Court is $192,795, while the salary of each associate justice is $185,482. Once in office, the salary of judges may not be decreased. While sitting on the bench, judges are not permitted to practice law or earn money from any other source.New Jersey State Constitution of 1947, Article VI, Section VI.
A majority of the General Assembly may pass articles of impeachment against a justice, which the Senate will then try. Only a two-thirds majority will convict, and the Senate may punish a convicted justice with only removal from office and prohibition on holding future office.New Jersey State Constitution of 1947, Article VII, Section III. After a justice has been impeached by the General Assembly—but before the Senate renders a verdict on the charges—the justice may not exercise any official function. By virtue of accepting a position in the Executive or Legislative branches of government or becoming a candidate for political office, a justice is considered as resigned from the bench.New Jersey State Constitution of 1947, Article VI, Section VI.
Should a justice or judge become "incapacitated" to the point at which they can no longer continue in office, the Court as a whole may notify the governor. The governor then appoints a three-member commission and, depending on their decision, may force them to retire.New Jersey State Constitution of 1947, Article VI, Section VI.
Current membership
By tradition, a partisan balance is maintained on the Supreme Court, with the sitting governor permitted to arrange his appointments so that his party has a one-seat advantage. The tradition of partisan balance can influence the governor's selection of a chief justice, a fact demonstrated in 2006 when Chief Justice Deborah Poritz, a Republican, reached the mandatory retirement age. To avoid appointing a Republican to the highest judicial position in the state, Democratic governor Jon Corzine instead elevated Associate Justice James R. Zazzali, a Democrat, to the chief justice position and appointed a Republican to fill the seat Zazzali had occupied. When Zazzali reached the age of 70 less than a year later, Corzine was able to nominate a Democrat, Attorney General and former federal prosecutor Stuart Rabner, to serve as chief justice. The state Senate confirmed Rabner on June 21, 2007, and he was sworn in as chief justice eight days later.
Traditionally in New Jersey, the governor re-submits for tenure the justices whose initial terms have expired,
Governor Chris Christie, a Republican, elected not to renominate Justice John E. Wallace Jr. in May 2010 and instead nominated attorney Anne M. Patterson. After New Jersey Senate Majority Leader Stephen Sweeney, a Democrat, refused to consider any nominee to Wallace's seat, Christie nominated Patterson to replace Justice Rivera-Soto who announced he would step down when his term expired in September 2011. The New Jersey Senate unanimously confirmed Patterson on June 28, 2011. She was sworn into a seat on the Court, replacing Rivera-Soto, on September 1, 2011.
An impasse between Christie and the Democratic State Senate resulted in longstanding vacancies, and the rejection or refusal to consider several Christie nominees. On May 21, 2014, a compromise was reported under which the Governor agreed to re-appoint Chief Justice Rabner, and the Senate agreed to consider the nomination of Judge Lee Solomon, a Republican.
In May 2018, Governor Phil Murphy announced his intention to renominate Justice Anne Patterson for tenure. Justice Patterson was reconfirmed by the Senate on July 26, 2018. On June 5, 2020, Murphy announced his intention to nominate Fabiana Pierre-Louis to replace Justice Walter F. Timpone, who was required to retire on November 10, 2020. On August 24, 2020, the New Jersey Senate's Judiciary Committee voted 11–0 to advance her nomination to the full Senate, and on August 27, 2020, the Senate voted 39–0 to confirm her to the Court. Pierre-Louis assumed office on September 1, 2020.
Also in June 2020, Murphy announced his intention to nominate Justice Faustino Fernandez-Vina for tenure. On October 29, 2020, the Senate voted 34–0 to grant Fernandez-Vina tenure.
On March 8, 2021, Justice Jaynee LaVecchia announced that she would retire on August 31, 2021, more than three years before her mandatory retirement date. A week later, Murphy announced his intention to nominate Rachel Wainer Apter, the director of the New Jersey Division of Civil Rights, to replace LaVecchia. Apter was blocked for 14 months by Republican Senator Holly Schepisi by a process called senatorial consent (similar to the blue slip process for federal judgeships), and was only allowed to move forward after two more justices, Barry T. Albin and Faustino J. Fernandez-Vina, had reached retirement age in the interim and Murphy nominated Republican Douglas M. Fasciale to succeed Fernandez-Vina. Both Apter and Fasciale were confirmed on October 17, 2022.
NameBornStartTerm endsMandatory retirementPartyAppointerLaw school, Chief Justice–Democratic (D)Harvard–Republican (R)CornellDemocratic (D)Rutgers-CamdenDemocratic (D)HarvardRepublican (D)Seton HallDemocratic (D)Seton HallJohn Jay Hoffman Independent (D)Duke
Important cases
Constitutional law