Senatorial courtesy (New Jersey)
Encyclopedia
Senatorial courtesy is an unwritten rule practiced in the Senate
of the U.S. state of New Jersey
under which a State Senator can indefinitely block consideration of a nomination by the Governor of New Jersey
for a gubernatorial nominee from the Senator's home county, without being required to provide an explanation. While the practice is infrequently invoked, it has brought calls for legislation that would forbid its use.
In 1983, State Senator Gerald Cardinale
attempted to block Sylvia Pressler
's reappointment to the New Jersey Superior Court
by invoking senatorial courtesy. Senate President Carmen A. Orechio
removed Cardinale's ability to block her nomination, citing the fact that he had previously appeared before Judge Pressler in a legal matter, and her nomination was approved.
In 1993, Senator John H. Dorsey
of Morris County
made efforts to block Governor James Florio
's reappointment of Judge Marianne Espinosa Murphy of the Family Court, invoking senatorial courtesy. Dorsey indicated that he had received complaints about Judge Murphy that she "giggles and throws pencils on the desk during testimony", though she was viewed as a model judge by an advocacy group for custodial parents who said that she would actively enforce judgments against deadbeat parents and was endorsed by the New Jersey State Bar Association
, which had had a longstanding objection to the use of senatorial courtesy. Dorsey was one of three Republican State Senators to lose their seats in the 1993 general election, falling to Democratic former Assemblymember Gordon MacInnes
by 607 votes. His loss was attributed to his use of senatorial courtesy to block Judge Murphy.
In a ruling issued on December 23, 1993, the New Jersey Supreme Court
upheld the use of senatorial courtesy, despite the fact that it is an unwritten rule. The vote in the Supreme Court had been 3–3, with Chief Justice Robert Wilentz
recusing himself because he had made a statement that opposed its use in the case of Judge Murphy.
Senator Anthony Bucco
of Morris County used senatorial courtesy in 2004 to block four nominations to the Highlands Commission until he could have an opportunity to meet with Bradley M. Campbell
, commissioner of the New Jersey Department of Environmental Protection
. Bucco sought to register his concern about how the Highlands Water Protection and Planning Act
would limit development in the New Jersey Highlands, and dropped his block after Campbell met with Bucco, Senator Guy R. Gregg
and the mayors of several municipalities in Morris County, with Bucco saying "All I wanted was my day in court".
In 2006, Nia Gill
of Essex County
threatened to use senatorial courtesy to block a broad range of nominees from her home county as a way to gain leverage to reach a compromise on a needle exchange program aimed at controlling the spread of HIV
. In June 2007, Gill staged a week-long protest under which she invoked senatorial courtesy to block the consideration of Jon Corzine
's nomination of Stuart Rabner
as chief justice of the New Jersey Supreme Court
. Rabner's nomination had been considered likely, but hearings that had been scheduled by the Senate Judiciary Committee to consider Rabner were postponed as Gill would not sign off on the nomination.
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...
of the U.S. state 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...
under which a State Senator can indefinitely block consideration of a nomination by 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...
for a gubernatorial nominee from the Senator's home county, without being required to provide an explanation. While the practice is infrequently invoked, it has brought calls for legislation that would forbid its use.
In 1983, State Senator Gerald Cardinale
Gerald Cardinale
Gerald Cardinale is an American Republican Party politician, who has served in the New Jersey State Senate since 1982, where he represents the 39th Legislative District...
attempted to block Sylvia Pressler
Sylvia Pressler
Sylvia Pressler was an American judge who served in a number of positions within the New Jersey judicial system...
's reappointment to the 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...
by invoking senatorial courtesy. Senate President Carmen A. Orechio
Carmen A. Orechio
Carmen A. Orechio is an American Democratic Party politician who served as President of the New Jersey Senate and as Commissioner and Mayor of Nutley, New Jersey.-Biography:...
removed Cardinale's ability to block her nomination, citing the fact that he had previously appeared before Judge Pressler in a legal matter, and her nomination was approved.
In 1993, Senator John H. Dorsey
John H. Dorsey
John H. Dorsey is an American attorney and Republican Party politician who served in both houses of the New Jersey Legislature from 1976 to 1994, serving in the New Jersey General Assembly from 1976 to 1978 and in the New Jersey Senate from 1978 to 1994...
of Morris County
Morris County, New Jersey
Morris County is a county located in the U.S. state of New Jersey, about west of New York City. According to the United States 2010 Census, the population was 492,276. It is part of the New York Metropolitan Area. Its county seat is Morristown....
made efforts to block Governor James Florio
James Florio
James Joseph "Jim" Florio is a Democratic politician who served as the 49th Governor of New Jersey from 1990 to 1994, the first Italian American to hold the position...
's reappointment of Judge Marianne Espinosa Murphy of the Family Court, invoking senatorial courtesy. Dorsey indicated that he had received complaints about Judge Murphy that she "giggles and throws pencils on the desk during testimony", though she was viewed as a model judge by an advocacy group for custodial parents who said that she would actively enforce judgments against deadbeat parents and was endorsed by the New Jersey State Bar Association
New Jersey State Bar Association
The New Jersey State Bar Association is the publisher of New Jersey Lawyer Magazine. It operates the New Jersey Commission on Professionalism in the Law with the state and federal judiciaries. Membership requires that applicants have a bona fide New Jersey law office....
, which had had a longstanding objection to the use of senatorial courtesy. Dorsey was one of three Republican State Senators to lose their seats in the 1993 general election, falling to Democratic former Assemblymember Gordon MacInnes
Gordon MacInnes
Gordon A. MacInnes is a Democratic politician from New Jersey who has served twice in the state Legislature. MacInnes was elected to the state Assembly in 1973 in a heavily Republican Morris County district, as part of the Watergate-driven Democratic landslide of that year. He was defeated in his...
by 607 votes. His loss was attributed to his use of senatorial courtesy to block Judge Murphy.
In a ruling issued on December 23, 1993, the New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
upheld the use of senatorial courtesy, despite the fact that it is an unwritten rule. The vote in the Supreme Court had been 3–3, with Chief Justice Robert Wilentz
Robert Wilentz
Robert 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:...
recusing himself because he had made a statement that opposed its use in the case of Judge Murphy.
Senator Anthony Bucco
Anthony Bucco
Anthony R. Bucco is an American Republican Party politician who has served in the New Jersey State Senate since 1998, where he represents the 25th Legislative District.-Biography:...
of Morris County used senatorial courtesy in 2004 to block four nominations to the Highlands Commission until he could have an opportunity to meet with Bradley M. Campbell
Bradley M. Campbell
Bradley McAllerton Campbell is an American attorney and political figure. He has served at senior levels in the United States Environmental Protection Agency and as commissioner of the New Jersey Department of Environmental Protection....
, commissioner of the New Jersey Department of Environmental Protection
New Jersey Department of Environmental Protection
The New Jersey Department of Environmental Protection is a government agency in the U.S. state of New Jersey that is responsible for managing the state's natural resources and addressing issues related to pollution...
. Bucco sought to register his concern about how the Highlands Water Protection and Planning Act
Highlands Water Protection and Planning Act
The Highlands Water Protection and Planning Act is a 2004 New Jersey law aimed at protecting the Highlands region of northwest New Jersey by regulating development within the region under the supervision of the New Jersey Department of Environmental Protection. The Highland region covers , nearly...
would limit development in the New Jersey Highlands, and dropped his block after Campbell met with Bucco, Senator Guy R. Gregg
Guy R. Gregg
Guy R. Gregg is an American Republican Party politician, who served in the New Jersey General Assembly from 1992-2008, where he represented the 24th Legislative District...
and the mayors of several municipalities in Morris County, with Bucco saying "All I wanted was my day in court".
In 2006, Nia Gill
Nia Gill
Nia H. Gill is an American Democratic Party politician, who has been serving in the New Jersey State Senate since 2002, where she represents the 34th Legislative District....
of Essex County
Essex County, New Jersey
Essex County is a county located in the northeastern part of the U.S. state of New Jersey. As of the United States 2010 Census, the population was 783,969, ranking it third in the state after Bergen County and Middlesex County; Essex County's population has declined from 786,147 as of the bureau's...
threatened to use senatorial courtesy to block a broad range of nominees from her home county as a way to gain leverage to reach a compromise on a needle exchange program aimed at controlling the spread of HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
. In June 2007, Gill staged a week-long protest under which she invoked senatorial courtesy to block the consideration of 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...
's nomination of 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,...
as chief justice of the New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
. Rabner's nomination had been considered likely, but hearings that had been scheduled by the Senate Judiciary Committee to consider Rabner were postponed as Gill would not sign off on the nomination.