1. Judicial selection process – New Jersey state
Choosing New Jersey state court judges happens mostly through a system whereby the judges are appointed by the Governor and then confirmed by the state senate. All individuals of the judiciary besides the municipal court judges are appointed to serve their first seven-year terms. The appointed judge can serve a second term if reappointed but must not be above 70 years, which is the constitutional limit. The American Judicature Society, 2014a provides the guidelines for the selection of the following: The Appellate Division, the 371 judges of the Superior Court of New Jersey, the seven supreme court justices of New Jersey, the 34 Superior Court judges of the New Jersey. The State of New Jersey employs senatorial courtesy in appointing relevant Judicial personnel. This practice was largely retrieved from selection methods of the federal judiciary. Just the way U.S. senators are given the final say on the appointment of federal judges so is New Jersey senators on appointment of judicial candidates from their corresponding districts. Senators from other districts cannot appoint a nominee if the senators from the candidate’s district have not given their approval of the candidate.
The governor also chooses the chief justice while the Senate is required to confirm or approve the candidate. After the appointment, the chief justice is expected to serve in that capacity for a period of his or her tenure. The chief justice of the supreme court designates powers to serve indefinitely to other chief judges of other courts.
Qualifications
For a candidate to be eligible for appointment to the court of appeal and general jurisdiction courts, he or she must be licenced to practice law in the State of New Jersey for a minimum of 10 years and should be less than 70 years of age which is the constitution mandatory age of retirement.
Municipal Courts
New Jersey State Municipal Courts judges are expected to serve a three-year term in office if appointed. The judges can be confirmed by the mayor with consent of the city council if the court serves primarily on municipality alone. The judges of the municipal court can also be a confirmed by the governing body of the municipal. For eligibility to be appointed as a municipal court judge, the candidate must reside in the state and must have practiced as a lawyer for over five years.
Tax Court
The American Judicature Society, 2014a has provisions for appointment as New Jersey Tax Court judge. The provision of the Judicature states that for a candidate to be eligible for appointment by the governor, he must not exceed the age of 70 years. It further states that a candidate can be eligible to be reappointed after seven years after which he or she can serve a full term. Another eligibility requirement is: the candidate must have a minimum of ten years experience practising in the state. It also requires the candidate to have appropriate knowledge and experience regarding taxation...
References
American Judicature Society, (2014a). Methods of Judicial Selection: New Jersey. Retrieved from https://web.archive.org/web/20141002153104/http://www.judicialselection.us/judicial_selection/methods/selection_of_judges.cfm?state=NJ on 26 April 2019
American Judicature Society, (2014b). Methods of Judicial Selection: New Jersey; Limited Jurisdiction Courts. Retrieved from https://web.archive.org/web/20141002153152/http://www.judicialselection.us/judicial_selection/methods/limited_jurisdiction_courts.cfm?state=NJ on 26 April 2019
Flango, E., & Ducat, C. R. (1979). What difference does the method of judicial selection make. Just. Sys. J., 5, 25.
National Center for State Courts. (2019a). Methods of Judicial Selection: New Jersey: Removal of Judges. Retrieved from http://www.judicialselection.us/judicial_selection/methods/removal_of_judges.cfm?state=NJ on 26 April 2019
National Center for State Courts. (2019b). Methods of Judicial Selection: Texas: Removal of Judges. Retrieved from http://www.judicialselection.us/judicial_selection/methods/removal_of_judges.cfm?state=TX on 26 April 2019
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