New Jersey Supreme Court
Encyclopedia
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776. The main difference between the versions, the composition of the court, reflects the change in jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
from the colonial British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
concept of "Law Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
", or legislators serving part time
Part time
A part-time job is a form of employment that carries fewer hours per week than a full-time job. Workers are considered to be part time if they commonly work fewer than 30 or 35 hours per week...
as judges, to the current form of an independent and nonpartisan
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
court uninvolved with the other branches of government. In its current form, the New Jersey Supreme Court is the highest and final judicial authority on all cases in the state court system, the sole determinant of the constitutionality of state laws with respect to the state constitution
New Jersey State Constitution
The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. In addition to three British Royal Charters issued for East Jersey, West Jersey and united New Jersey while they were still colonies, the state has been governed by three constitutions...
, and the arbiter and overseer of the decennial legislative redistricting
United States congressional apportionment
United States congressional apportionment is the process by which seats in the United States House of Representatives are redistributed amongst the 50 states following each constitutionally mandated decennial census. Each state is apportioned a number of seats which approximately corresponds to its...
. Throughout its history it has been responsible for numerous precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
s, landmarks and historically important and well-known cases. One of its former members, William J. Brennan, Jr.
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
, also became an Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
The Court currently sits in the state capital of Trenton, New Jersey
Trenton, New Jersey
Trenton is the capital of the U.S. state of New Jersey and the county seat of Mercer County. As of the 2010 United States Census, Trenton had a population of 84,913...
in the Richard J. Hughes
Richard J. Hughes
Richard Joseph Hughes was an American Democratic Party politician, who served as the 45th Governor of New Jersey from 1962 to 1970, and as Chief Justice of the New Jersey Supreme Court from 1973–1979...
Justice Complex.
Previous compositions
Under the two previous New Jersey state constitutionNew Jersey State Constitution
The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. In addition to three British Royal Charters issued for East Jersey, West Jersey and united New Jersey while they were still colonies, the state has been governed by three constitutions...
s (1776 and 1844), the phrase "Supreme Court" referred to a lower court, similar to the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
. Both the "supreme court" and the actual highest court were composed in a radically different manner than the current supreme court or its inferior courts.
Under the 1776 constitution
Under the colonial constitution of 1776 the upper houseUpper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
of the legislature (which was styled the Legislative Council
Legislative Council
A Legislative Council is the name given to the legislatures, or one of the chambers of the legislature of many nations and colonies.A Member of the Legislative Council is commonly referred to as an MLC.- Unicameral legislatures :...
) 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. A separate "Supreme Court" was also mentioned, but no indication of its duties was given, only term limits of its judges (7 years).
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
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
, was unamendable, and freely intermingled the three branches of government.
Under the 1844 constitution
In 1844, the state ratified a new constitution, which continued the practice of having a non-supreme Supreme Court. Under this constitution, the highest court was the New Jersey Court of Errors and Appeals or Court of Errors for short, its sole function was to hear appeals from previous courts' errors in judgment. The new Court of Errors was now composed of various separate judicial officials instead of legislators and the executive. The membership was to consist of the chancellorChancellor
Chancellor is the title of various official positions in the governments of many nations. The original chancellors were the Cancellarii of Roman courts of justice—ushers who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the...
of the state's court of chancery
Court of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
, who was to be the president, the justices of the supreme court (originally four, legally anything from 2 on up), and 6 appointed judges. The latter six were to be continually replaced at a rate of one per year. The Secretary of State of New Jersey
Secretary of State of New Jersey
The Secretary of State of New Jersey is responsible for overseeing artistic, cultural, and historical programs within the U.S. state of New Jersey, as well as volunteerism and community service projects within the state....
was to serve as the court's clerk, and he and the justices were appointed by the governor with the consent of the New Jersey Senate
New Jersey Senate
The New Jersey Senate was established as the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. From 1844 until 1965 New Jersey's counties elected one Senator, each. Under the 1844 Constitution the term of office was three years. The 1947...
. The Supreme Court was the second after the Court of Errors, handing all civil cases and criminal cases concerning 3,000 USD
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
or more, and the judges were also appointed by the governor.
The new arrangement was old when it began, the basic system having "changed relatively little since the time of George III
George III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
", and characterized as "the most antiquated [...] that exists in any considerable community of English-speaking people."
This arrangement became strained as more cases came before the court (In 1846, seven cases were heard by the court), as many members had other official duties specified by the constitution. A member of the Senate called the 16 Judge institution "little larger than a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, little less than a mob
Riot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...
". Additionally, the rest of the state court system was thoroughly defective: Stuart Rabner
Stuart Rabner
Stuart Jeff Rabner is the Chief Justice of the New Jersey Supreme Court. He has previously served as New Jersey Attorney General, Chief Counsel to Governor Jon Corzine, and as a federal prosecutor at the U.S. Attorney's Office for the District of New Jersey.-Biography:Rabner grew up in Passaic,...
(Current Chief Justice), speaking at the anniversary celebration for the current court, noted the 1844 justice system was composed of 17 overlapping courts, with "spaghetti" organization, and massive backlogs. The 1942 commission tasked with considering constitutional change suggested that, along with other changes to the court system, the supreme court be reduced to a seven member panel, all serving solely on the court. The constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
adopted that as the current system of composition of the court.
Current configuration
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
, hearing appeals, regulating the state's court system, and regulating the legal profession within the state.
Normally, an appeal from a New Jersey Superior Court
New Jersey Superior Court
The Superior Court is the state court in the U.S. state of New Jersey, with state-wide trial and appellate jurisdiction. The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts...
case goes to the New Jersey Superior Court, Appellate Division
New Jersey Superior Court, Appellate Division
The New Jersey Superior Court, Appellate Division is the appellate court in New Jersey.The Appellate Division hears appeals from the Law and Chancery Divisions of the New Jersey Superior Court, the Tax Court, and final decisions of State administrative agencies...
. Thereafter, it may be brought before the supreme court if it meets one or more of the following four requirements or if a law provides that the case may go to the Court: If the case involves a question of constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
ality, if an appellate judge dissented in its ruling, if the case involves the use of capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
(now abolished in New Jersey), if the Supreme Court granted certification, or if the case involves the drawing of political boundaries (see below).
Political functions
The court also serves as something of a tie-breaker in case the ten-member New Jersey Redistricting CommissionNew Jersey Redistricting Commission
The New Jersey Redistricting Commission is a constitutional body of the government of New Jersey. Like Arizona, Idaho, Hawaii, Montana, and Washington; the redistricting is completed within an independent, bipartisan commission...
fails to come to an agreement on how redistrict the state's Congressional districts following the decennial United States Census
United States Census
The United States Census is a decennial census mandated by the United States Constitution. The population is enumerated every 10 years and the results are used to allocate Congressional seats , electoral votes, and government program funding. The United States Census Bureau The 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 11th member. The court appoints the one deemed "more qualified," who will then break the tie. If the Commission still cannot reach a 7-4 supermajority in favor of a final districting configuration, it sends the two most preferred plans to the court, which then gets to pick.
In the case of the Apportionment Commission
New Jersey Apportionment Commission
The New Jersey Apportionment Commission is a constitutionally-created ten-member commission responsible for apportioning the forty districts of the New Jersey Legislature. The commission is convened after each decennial U.S. Census, and the districts are to be in use for the legislative elections...
for state legislative districts, the Chief Justice alone gets to pick the final member of the Commission.
The court also acts as final arbiter of the inability or absence of the Governor of New Jersey
Governor of New Jersey
The Office of the Governor of New Jersey is the executive branch for the U.S. state of New Jersey. The office of Governor is an elected position, for which elected officials serve four year terms. While individual politicians may serve as many terms as they can be elected to, Governors cannot be...
or Lieutenant Governor of New Jersey
Lieutenant Governor of New Jersey
The Lieutenant Governor of New Jersey is a position that has existed since January 2010, following conjoint election with the Governor of New Jersey. The position was created as the result of a Constitutional amendment to the New Jersey State Constitution passed by the voters on November 8, 2005...
, following a declaration by the Legislature. As in federal impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
trials, in case of impeachment of the Governor, the Chief Justice presides.
Appointment, composition, and life on the bench
The Governor nominates all Justices to the Court but may choose only among those admitted to the New Jersey bar for at least ten years. Following seven days of public notice, nominees are put before the SenateNew Jersey Senate
The New Jersey Senate was established as the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. From 1844 until 1965 New Jersey's counties elected one Senator, each. Under the 1844 Constitution the term of office was three years. The 1947...
for "advice and consent." Once confirmed, 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
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
. 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.
The salary of a Supreme Court Justice is $158,500, the 7th highest among state high courts. Once in office, their salary may not be decreased by the Legislature
New Jersey Legislature
The New Jersey Legislature is the legislative branch of the government of the U.S. state of New Jersey. In its current form, as defined by the New Jersey Constitution of 1947, the Legislature consists of two houses: the General Assembly and the Senate...
. While sitting on the bench, they are not to practice law or make money any other way.
A majority of the General Assembly
New Jersey General Assembly
The New Jersey General Assembly is the lower house of the New Jersey Legislature.Since the election of 1967 , the Assembly has consisted of 80 members. Two members are elected from each of New Jersey's 40 legislative districts for a term of two years, each representing districts with average...
may pass articles of impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
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. 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.
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.
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 occasionally influence the governor's selection of a Chief Justice, a fact most recently demonstrated in 2006 when Chief Justice Deborah Poritz
Deborah T. Poritz
Deborah Tobias Poritz is an American jurist. She was the Chief Justice of the New Jersey Supreme Court from 1996 to 2006, and was the Attorney General of New Jersey from 1994 – 1996, in both cases becoming the first woman to serve in that position.-Biography:Poritz was born in Brooklyn, New...
, a Republican, reached the mandatory retirement age. In order to avoid appointing a Republican to the highest judicial position in the state, then-governor, Democrat Jon Corzine
Jon Corzine
Jon Stevens Corzine is the former CEO of Goldman Sachs and of MF Global, and a one time American politician, who served as the 54th Governor of New Jersey from 2006 to 2010. A Democrat, Corzine served five years of a six-year U.S. Senate term representing New Jersey before being elected Governor...
instead elevated Associate Justice James Zazzali
James R. Zazzali
James Ronald Zazzali was the Chief Justice of the New Jersey Supreme Court from October 26, 2006 until his retirement on June 17, 2007. He previously served as an associate justice on the Supreme Court from June 14, 2000.-Biography:...
, a fellow Democrat, to the chief justice position and appointed a Republican to fill Zazzali's old seat. When Zazzali reached the age of 70 less than a year later, Corzine was able to nominate a Democrat, then-Attorney General and former federal prosecutor Stuart Rabner
Stuart Rabner
Stuart Jeff Rabner is the Chief Justice of the New Jersey Supreme Court. He has previously served as New Jersey Attorney General, Chief Counsel to Governor Jon Corzine, and as a federal prosecutor at the U.S. Attorney's Office for the District of New Jersey.-Biography:Rabner grew up in Passaic,...
, to serve as Chief Justice. The state Senate confirmed Rabner on 21 June 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, and then-Governor Corzine followed this tradition with his re-appointments of Justices Long and LaVecchia. On May 15, 2009, then-Governor Corzine renominated Justice Albin, whose initial seven-year term would have expired on September 18, 2009. Albin's re-appointment was cleared by the Senate on June 26, 2009. Governor Chris Christie broke with this tradition in May 2010 when he chose not to renominate Justice John E. Wallace, Jr.
John E. Wallace, Jr.
John E. Wallace, Jr. is a former Associate Justice of the New Jersey Supreme Court.-Early life and education:Wallace was born on March 13, 1942 in Pitman, New Jersey. He received a B.A. from the University of Delaware in 1964, where he was initiated as a brother of the Alpha Epsilon Pi Fraternity,...
and instead nominated attorney Anne M. Patterson
Anne M. Patterson
Anne M. Patterson an Associate Justice on the New Jersey Supreme Court. She was sworn in on September 1, 2011, replacing former Justice Roberto Rivera-Soto.-External links:*, New Jersey Supreme Court...
, a partner in a major New Jersey law firm. However, after New Jersey Senate Majority Leader Stephen Sweeney 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. Wallace's former seat is expected to remain vacant until he reaches the mandatory retirement age in March 2012.
| Name | Sworn in Oath of office An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations... |
Term expiration | Mandatory retirement | Appointing Governor | Party membership |
|---|---|---|---|---|---|
| Virginia Long Virginia Long Virginia Long is a justice of the New Jersey Supreme Court.- Biography :Virginia Long graduated from Dunbarton College of the Holy Cross in 1963 and Rutgers School of Law—Newark in 1966. She has served as a Deputy Attorney General and was the Director of the New Jersey Division of Consumer... |
September 1, 1999 | None – Tenured | March 1, 2012 | Christine Todd Whitman, Republican | |
| Jaynee LaVecchia Jaynee LaVecchia Jaynee LaVecchia is a Justice who was nominated to serve on the New Jersey Supreme Court on January 6, 2000. She was accepted by the New Jersey Senate and sat until 2007 when her term expired... |
February 1, 2000 | None – Tenured | October 9, 2024 | Christine Todd Whitman, Republican | |
| Barry T. Albin Barry T. Albin Barry T. Albin is a Justice who was nominated to serve on the New Jersey Supreme Court on July 10, 2002.-Biography:Albin was born on July 7, 1952 in Brooklyn, New York and grew up in Sayreville, New Jersey, where he graduated from Sayreville War Memorial High School on 1970. He was a graduate from... |
September 18, 2002 | None – Tenured | July 7, 2022 | Jim McGreevey Jim McGreevey James Edward "Jim" McGreevey is an American Democratic politician. He served as the 52nd Governor of New Jersey from January 15, 2002, until he resigned from office at 11:59 pm on November 15, 2004. His term was set to expire on January 17, 2006... , Democrat |
|
| Anne M. Patterson Anne M. Patterson Anne M. Patterson an Associate Justice on the New Jersey Supreme Court. She was sworn in on September 1, 2011, replacing former Justice Roberto Rivera-Soto.-External links:*, New Jersey Supreme Court... |
September 1, 2011 | September 1, 2018 | April 15, 2029 | Chris Christie, Republican | |
| Helen E. Hoens Helen E. Hoens Helen E. Hoens is an Associate Justice of the New Jersey Supreme Court. She was nominated to the Supreme Court by Governor Jon S. Corzine on Sept. 21, 2006... |
October 26, 2006 | October 26, 2013 | July 31, 2024 | Jon Corzine Jon Corzine Jon Stevens Corzine is the former CEO of Goldman Sachs and of MF Global, and a one time American politician, who served as the 54th Governor of New Jersey from 2006 to 2010. A Democrat, Corzine served five years of a six-year U.S. Senate term representing New Jersey before being elected Governor... , Democrat |
|
| Chief Justice Stuart Rabner Stuart Rabner Stuart Jeff Rabner is the Chief Justice of the New Jersey Supreme Court. He has previously served as New Jersey Attorney General, Chief Counsel to Governor Jon Corzine, and as a federal prosecutor at the U.S. Attorney's Office for the District of New Jersey.-Biography:Rabner grew up in Passaic,... |
29 June 2007 | 29 June 2014 | 30 June 2030 | Jon Corzine, Democrat | |
| Vacancy (since May 20, 2010) (Dorothea O'C Wefing, P.J.A.D. temporarily assigned) | |
Chief Justices
The following individuals have served as Chief Justice:- 1779-1789: David BrearleyDavid BrearleyDavid Brearley was a delegate to the U.S. Constitutional Convention and signed the U.S...
. - 1789-1803: James KinseyJames KinseyJames Kinsey was an American lawyer from Burlington, New Jersey.Kinsey was born in Philadelphia on March 22, 1731. He attended the common schools, studied law, was admitted to the New Jersey bar in 1753 and practiced in the courts of Pennsylvania and New Jersey, with residence in Burlington...
. - 1804-1825: Andrew Kirkpatrick
- 1824-1832: Charles EwingCharles Ewing (New Jersey politician)Charles Ewing was an American politician from New Jersey, who served as Chief Justice of the New Jersey Supreme Court....
- 1901-1933: William Stryker GummereWilliam Stryker GummereWilliam Stryker Gummere was Chief Justice of the Supreme Court of New Jersey. Gummere was captain of the Princeton football team that met Rutgers in 1869 in the first intercollegiate football game played in America....
- 1933-1946: Thomas J. Brogan
- 1946-1948: Clarence E. CaseClarence E. CaseClarence Edward Case was the acting Republican Governor of New Jersey in 1920, succeeding William Nelson Runyon....
- 1948-1957: Arthur T. VanderbiltArthur T. VanderbiltArthur T. Vanderbilt was Chief Justice of the New Jersey Supreme Court from 1948 to 1957. He also was a noted attorney, legal educator and nationally known proponent of court modernization.-Biography:...
- 1957-1973: Joseph WeintraubJoseph WeintraubJoseph Weintraub was Chief Justice of the New Jersey Supreme Court from 1957 to 1973. He previously served as an Associate Justice of the same court in 1956-57.-Biography:Among the landmark decisions authored by Weintraub was Robinson v...
- 1973-1973: Pierre P. GarvenPierre P. GarvenPierre P. Garven was Chief Justice of the New Jersey Supreme Court for seven weeks in 1973.-Biography:Garven was appointed by Governor of New Jersey William T. Cahill, after having served as an Associate Justice on the same court for several months. He took office as Chief Justice on September 1,...
- 1973-1979: Richard J. HughesRichard J. HughesRichard Joseph Hughes was an American Democratic Party politician, who served as the 45th Governor of New Jersey from 1962 to 1970, and as Chief Justice of the New Jersey Supreme Court from 1973–1979...
- 1979-1996: Robert WilentzRobert WilentzRobert Nathan Wilentz was Chief Justice of the New Jersey Supreme Court from 1979 to 1996, making him the longest-serving Chief Justice since the Supreme Court became New Jersey's highest court in 1948.-Biography:...
- 1996-2006: Deborah T. PoritzDeborah T. PoritzDeborah Tobias Poritz is an American jurist. She was the Chief Justice of the New Jersey Supreme Court from 1996 to 2006, and was the Attorney General of New Jersey from 1994 – 1996, in both cases becoming the first woman to serve in that position.-Biography:Poritz was born in Brooklyn, New...
- 2006-2007: James R. ZazzaliJames R. ZazzaliJames Ronald Zazzali was the Chief Justice of the New Jersey Supreme Court from October 26, 2006 until his retirement on June 17, 2007. He previously served as an associate justice on the Supreme Court from June 14, 2000.-Biography:...
- 2007- : Stuart RabnerStuart RabnerStuart Jeff Rabner is the Chief Justice of the New Jersey Supreme Court. He has previously served as New Jersey Attorney General, Chief Counsel to Governor Jon Corzine, and as a federal prosecutor at the U.S. Attorney's Office for the District of New Jersey.-Biography:Rabner grew up in Passaic,...
Important cases
The New Jersey Supreme Court has been involved with many cases of landmark importance. Some, such as Holmes v. Walton, were to foreshadow more well known cases of the same effect. Some were precedent setting because the case was overturned by a higher court with a different conclusion. Since the 1970s, a number of the Court's major rulings have been seen as demonstrating a liberalLiberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
bent– a trend which has involved both Republican-appointed and Democratic-appointed justices. During the same period, the Court has been accused of (and sometimes praised for) being "activist
Judicial activism
Judicial activism describes judicial ruling suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism, and which specific decisions are activist, is a controversial...
".
Constitutional law
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
in New Jersey was the result of then Chief Justice David Brearley
David Brearley
David Brearley was a delegate to the U.S. Constitutional Convention and signed the U.S...
's opinion in Holmes v. Walton (1780 or 1779). While the case was decided against the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
, the court's consideration of the matter asserted its ability to determine constitutionality. This was followed up by the federal Supreme Court's case of Marbury v. Madison
Marbury v. Madison
Marbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...
.
In State v. Post and State v. Van Beuren 20 N.J.L. 368, decided together, the constitutionality of slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
in the state was challenged on the grounds that the first article of the first section of the newly passed (1844) state constitution
State constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
("All men are by nature free and independent...") precluded it. The court by two to one (with one absence), rejected this stating that "the constitution has not ... abolished slavery." Slavery was abolished nationwide by the Thirteenth Amendment to the United States Constitution
Thirteenth Amendment to the United States Constitution
The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On...
in 1865.
Individual rights
The Court has delivered many cases concerning the rights of individuals, in many cases reading them expansively:In 1966 Clover Hill Swimming Club
Clover Hill Swimming Club
The Clover Hill Swimming Club in Millington, New Jersey, was a swim club operating in the late 1950s and 1960s in the suburban New York City metropolitan region.Clover Hill Swimming Club, Inc...
, Inc. v. Robert F. Goldsboro and Division on Civil Rights (47 N.J. 25; 219 A.2d 161; 1966 N.J. LEXIS 180) the court ruled against the Club, which had denied membership to an African-American. The club claimed that as a private organization it could choose its own membership even though they had advertised in local newspapers and magazines.
In State ex rel. T. L. O., 463 A. 2d 934
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1983) the court decided, against two lower courts, that a search of a student's purse without a warrant was unreasonable. This was appealed as New Jersey v. T. L. O.
New Jersey v. T. L. O.
New Jersey v. T.L.O., 469 U.S. 325 is a decision by the Supreme Court of the United States addressing the constitutionality of a search of a public high school student for contraband after she was caught smoking. A subsequent search of her purse revealed drug paraphernalia, marijuana, and...
469 U.S. 325 (1985) wherein the United States Supreme Court ruled that student
Student
A student is a learner, or someone who attends an educational institution. In some nations, the English term is reserved for those who attend university, while a schoolchild under the age of eighteen is called a pupil in English...
s and minors
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
have a lower expectation of privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
, saying in its noted ruling that "school officials need not obtain a warrant before searching a student who is under their authority."
In re Quinlan 355 A.2d 647 concerned the right to die
Right to die
The right to die is the ethical or institutional entitlement of the individual to commit suicide or to undergo voluntary euthanasia. Possession of this right is often understood to mean that a person with a terminal illness should be allowed to commit suicide or assisted suicide or to decline...
of Karen Ann Quinlan
Karen Ann Quinlan
Karen Ann Quinlan was an important figure in the history of the right to die controversy in the United States....
, who was in a persistent vegetative state
Persistent vegetative state
A persistent vegetative state is a disorder of consciousness in which patients with severe brain damage are in a state of partial arousal rather than true awareness. It is a diagnosis of some uncertainty in that it deals with a syndrome. After four weeks in a vegetative state , the patient is...
following prolonged respiratory failure
Respiratory failure
The term respiratory failure, in medicine, is used to describe inadequate gas exchange by the respiratory system, with the result that arterial oxygen and/or carbon dioxide levels cannot be maintained within their normal ranges. A drop in blood oxygenation is known as hypoxemia; a rise in arterial...
. Her parents (and legal guardians) requested to have her ventilator removed, which the officials at the hospital refused to do. The court ultimately ruled in her parents favor. She continued to live without artificial respiration for several years afterwards.
In 1988, the Court ruled in In re Baby M (537 A.2d 1227, 109 N.J. 396) that the surrogate
Third party reproduction
Third party reproduction refers to a process where another person provides sperm or eggs or where another woman provides her uterus so that a woman can have a child. Thus the reproductive process goes beyond the traditional father-mother model. However, the third party's involvement is limited to...
mother of Baby M
Baby M
Baby M was the pseudonym used In re Baby M, 537 A.2d 1227, 109 N.J. 396 for the infant named Sara Elizabeth Whitehead at her birth, and later named Melissa Stern by her father and adoptive mother....
, despite previous rulings denying her custody, was entitled to visitation rights.
In Desilets v. Clearview Regional Board of Education
Desilets v. Clearview Regional Board of Education
Desilets v. Clearview Regional Board of Education, 137 N.J. 585 was a New Jersey Supreme Court decision that held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than...
(647 A.2d. 150, 137 N.J. 585 (1994)), the Court ruled that Clearview did not violate students' free speech rights
School speech (First Amendment)
The issue of school speech as it relates to the First Amendment of the U.S. Constitution is one that has been of much debate and the subject of much litigation since the mid-20th century.-School speech vs. public speech:...
under the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
or the New Jersey State Constitution
New Jersey State Constitution
The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. In addition to three British Royal Charters issued for East Jersey, West Jersey and united New Jersey while they were still colonies, the state has been governed by three constitutions...
.
Dale v. Boy Scouts of America (160 N.J. 562 (1999)) concerned the right of the Boy Scouts of America
Boy Scouts of America
The Boy Scouts of America is one of the largest youth organizations in the United States, with over 4.5 million youth members in its age-related divisions...
organization to expel a member for declaring himself
Coming out
Coming out is a figure of speech for lesbian, gay, bisexual, and transgender people's disclosure of their sexual orientation and/or gender identity....
to be homosexual. James Dale, the plaintiff, was a member of the organization for some years before he made his orientation public. Upon discovering this, the district BSA council revoked his membership. Dale sued for violating the New Jersey Law Against Discrimination, which the court unanimously agreed applied to the BSA. The U.S. Supreme Court reversed in Boy Scouts of America v. Dale
Boy Scouts of America v. Dale
Boy Scouts of America et al. v. Dale, , was a case of the Supreme Court of the United States overturning the New Jersey Supreme Court's application of the New Jersey public accommodations law, which had forced the Boy Scouts of America to readmit assistant Scoutmaster James Dale...
, 530 U.S. 640 (2000), a 5-4 decision. The later Apprendi v. New Jersey
Apprendi v. New Jersey
Apprendi v. New Jersey , , was a United States Supreme Court decision. The Court ruled that the Sixth Amendment right to a jury trial, incorporated against the states through the Fourteenth Amendment, prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts...
was also overruled.
In a 4-2 vote in 2000, the court struck down a law signed by Christine Wittman requiring parental notification when abortions were performed on minor children. The court held that the privacy rights of the minors were paramount and were guaranteed by New Jersey's state constitution.
The court's 2006 decision in Caballero v. Martinez concerned an illegal immigrant
Illegal immigration
Illegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
, Victor Manuel Caballero, who was injured during an accident while riding in an uninsured vehicle driven by an unlicensed person
Driver's license
A driver's license/licence , or driving licence is an official document which states that a person may operate a motorized vehicle, such as a motorcycle, car, truck or a bus, on a public roadway. Most U.S...
. The Unsatisfied Claim and Judgment Fund, set up to cover injuries by uninsured driver
Vehicle insurance
Vehicle insurance is insurance purchased for cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage and/or bodily injury resulting from traffic collisions and against liability that could also arise therefrom...
s, refused to compensate him as he wasn't a legal resident. The Court on hearing his case overruled two lower courts and declared that he was entitled to compensation from the fund, stating that "a person may be a 'resident' even if the intent to remain ultimately is not realized". Previously an individual who had lived five months with relatives was not a resident with respect to the Fund.
In Lewis v. Harris
Lewis v. Harris
Lewis v. Harris, 188 N.J. 415; 908 A.2d 196 , is a New Jersey Supreme Court case that held that same-sex couples are entitled to the same equal protection as heterosexual couples under the state constitution....
, the Court returned a verdict requiring that the legislature must change state law, within 180 days, to afford equal protection to same-sex couples. The decision does not require use of the word "marriage," but rather equality of rights.
Social and political cases
In Abbott v. Burke (1981), or Abbott I, which was filed on behalf of students of the most depressed school districts. The Court decided that a single test must be applied state-wide to determine if students were getting the constitutionally mandated education. Also, the Abbott districts are given state aid to match the operating budget of the richer districts. Since then there have been seven "Abbott cases", many of which ended with the court finding the New Jersey LegislatureNew Jersey Legislature
The New Jersey Legislature is the legislative branch of the government of the U.S. state of New Jersey. In its current form, as defined by the New Jersey Constitution of 1947, the Legislature consists of two houses: the General Assembly and the Senate...
's latest educational acts unconstitutional.
In 1975 and 1983, two cases, both named Southern Burlington County N.A.A.C.P. v. Mount Laurel Township, were decided by the Court. The Constitution was interpreted to require that zoning
Zoning
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
authorities inclusionarily zone
Inclusionary zoning
Inclusionary zoning, also known as inclusionary housing, is an American term which refers to municipal and county planning ordinances that require a given share of new construction to be affordable by people with low to moderate incomes...
their land to create affordable housing, that the districts had to equally take on the required load of housing, and that exclusionary zoning was illegal. These requirements are now commonly referred to as the Mount Laurel Doctrine
Mount Laurel Doctrine
The Mount Laurel doctrine is a controversial judicial interpretation of the New Jersey State Constitution. The doctrine requires that municipalities use their zoning powers in an affirmative manner to provide a realistic opportunity for the production of housing affordable to low and moderate...
.
In Democratic Party v. Samson (814 A.2d 1028) the Court allowed the state Democratic Party to change their candidate for the upcoming federal Senate race from Robert Torricelli
Robert Torricelli
Robert Guy Torricelli , nicknamed "the Torch," is an American politician from the U.S. state of New Jersey. Torricelli, a Democrat, served 14 years in the U.S. House of Representatives before being elected to the U.S. Senate...
to Frank Lautenberg
Frank Lautenberg
Frank Raleigh Lautenberg is the senior United States Senator from New Jersey and a member of the Democratic Party. Previously, he was the Chairman and Chief Executive Officer of Automatic Data Processing, Inc.-Early life, career, and family:...
despite the deadline having passed. In its opinion it cited previous cases before the Court, including one stating "Election laws are to be liberally construed", to decide that the change was in the interest of the electorate.
State v. Kelly
State v. Kelly
State v. Kelly, 97 N.J. 178 , is a Supreme Court of New Jersey case where the defendant, Gladys Kelly, was on trial for the murder of her husband, Ernest Kelly with a pair of scissors...
, 91 N.J. 178 (1984), is a Supreme Court case where the defendant, Gladys Kelly, was on trial for the murder of her husband, Ernest Kelly with a pair of scissors. The Supreme Court reversed the case for further trial after finding that expert testimony regarding the defence's submission, that Kelly suffered from battered woman syndrome
Battered woman defence
The battered woman defense is a defense used in court that the person accused of an assault / murder was suffering from battered person syndrome at the material time. Because the defense is most commonly used by women, it is usually characterised in court as battered woman syndrome or battered wife...
, was incorrectly excluded since battered woman syndrome was a proper subject for expert evidence despite being a new field.