New Jersey Supreme Court
| New Jersey Supreme Court |
|---|
|
| Court Information |
| Justices: 7 |
| Founded: 1776 |
| Location: Trenton, New Jersey |
| Salary |
| Associates: $221,855[1] |
| Judicial Selection |
| Method: Direct gubernatorial appointment |
| Term: Initial term of 7 years; until age 70 upon reappointment |
| Active justices |
|
Anne Patterson (New Jersey) |
Founded in 1776, the New Jersey Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Stuart Rabner.
As of October 2022, three judges were appointed by a Democratic governor, two by a Republican governor, and three by the chief justice.
The New Jersey Supreme Court meets in the Richard J. Hughes Justice Complex in Trenton, New Jersey.[2] The court holds an annual term with dates set by the chief justice.[3]
In New Jersey, state supreme court justices are selected through direct gubernatorial appointment. Justices are appointed directly by the governor without the use of a nominating commission.[4] There are five states that use this selection method. To read more about the gubernatorial appointment of judges, click here.
Jurisdiction
The New Jersey Supreme Court is an appellate court with no original jurisdiction. The court may hear appeals in cases involving constitutional questions, in cases where an appellate division judge dissented from the court's decision, in cases involving capital punishment, in cases where the court grants certification, and in other cases as provided by the law. In certain situations, the supreme court may make decisions during the state's redistricting process. The court also has administrative power over the state's courts and attorneys.[5]
The following text from Article VI, Sections II and V of the New Jersey Constitution covers the jurisdiction of the court:[5]
| “ |
1. [...] 2. The Supreme Court shall exercise appellate jurisdiction in the last resort in all causes provided in this Constitution. 3. The Supreme Court shall make rules governing the administration of all courts in the State and, subject to the law, the practice and procedure in all such courts. The Supreme Court shall have jurisdiction over the admission to the practice of law and the discipline of persons admitted. [...] 1. Appeals may be taken to the Supreme Court: (a) In causes determined by the appellate division of the Superior Court involving a question arising under the Constitution of the United States or this State; (b) In causes where there is a dissent in the Appellate Division of the Superior Court; (c) In capital causes; (d) On certification by the Supreme Court to the Superior Court and, where provided by rules of the Supreme Court, to the inferior courts; and (e) In such causes as may be provided by law. 2. Appeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law. 3. The Supreme Court and the Appellate Division of the Superior Court may exercise such original jurisdiction as may be necessary to the complete determination of any cause on review. 4. Prerogative writs are superseded and, in lieu thereof, review, hearing and relief shall be afforded in the Superior Court, on terms and in the manner provided by rules of the Supreme Court, as of right, except in criminal causes where such review shall be discretionary.[6] |
” |
Justices
The table below lists the current justices of the New Jersey Supreme Court, their political party, and when they assumed office.
| Office | Name | Party | Date assumed office |
|---|---|---|---|
| New Jersey Supreme Court | Douglas M. Fasciale | Nonpartisan | October 21, 2022 |
| New Jersey Supreme Court | Michael Noriega | Nonpartisan | June 30, 2023 |
| New Jersey Supreme Court | Anne Patterson | Nonpartisan | September 1, 2011 |
| New Jersey Supreme Court | Fabiana Pierre-Louis | Nonpartisan | September 1, 2020 |
| New Jersey Supreme Court | Lee A. Solomon | Nonpartisan | June 19, 2014 |
| New Jersey Supreme Court | Rachel Wainer Apter | Nonpartisan | October 21, 2022 |
| New Jersey Supreme Court Chief Justice | Stuart Rabner | Nonpartisan | June 29, 2007 |
Judicial selection
- See also: Judicial selection in New Jersey
The seven justices of the New Jersey Supreme Court are selected by gubernatorial appointment. The governor's nominee must be confirmed by the New Jersey state Senate.[7][8]
Justices serve an initial term of seven years after appointment. If renominated by the governor and confirmed for reappointment by the Senate, they may serve on the court until they reach the mandatory retirement age of 70.[7][8]
Qualifications
To be eligible to serve on the supreme court, a person must have been admitted to practice law in New Jersey for at least 10 years.[8]
Chief justice
The chief justice of the New Jersey Supreme Court is selected by gubernatorial appointment. The position of chief justice is a specific seat on the court rather than a temporary leadership position.[8]
Vacancies
Vacancies on the court are filled through gubernatorial appointment. The governor's nominee must be confirmed by the state Senate.[9]
The map below highlights how vacancies are filled in state supreme courts across the country.
Caseloads
The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.[10]
| New Jersey Supreme Court caseload data | ||
|---|---|---|
| Year | Filings | Dispositions |
| 2020-2021 | 908 | 69 |
| 2019-2020 | 1,002 | 69 |
| 2018-2019[11] | 1,116 | 1,490 |
| 2017-2018[12] | 1,232 | 1,752 |
| 2016-2017[13] | 1,211 | 1,714 |
| 2015-2016[14] | 1,224 | 1,560 |
| 2014-2015[15] | 1,104 | 1,406 |
| 2013-2014[16] | 1,140 | 1,549 |
| 2012-2013[17] | 1,143 | 1,722 |
| 2011-2012[18][19] | 1,204 | * |
| 2010-2011[20] | 1,184 | 1,854 |
| 2009-2010[21][19] | 1,248 | * |
| 2008-2009[22] | 1,301 | 1,521 |
| 2007-2008[23] | 1,284 | 1,601 |
| 2006-2007[23] | 1,332 | 1,528 |
Analysis
Ballotpedia Courts: Determiners and Dissenters (2021)
In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.
The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:
- We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
- We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
- We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
- We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.
Summary of cases decided in 2020
- Number of justices: 7
- Number of cases: 43
- Percentage of cases with a unanimous ruling: 74.4% (32)
- Justice most often writing the majority opinion: Justice Jaynee LaVecchia (8)
- Per curiam decisions: 8
- Concurring opinions: 2
- Justice with most concurring opinions: Justices Anne Patterson and Barry Albin (1 and 1)
- Dissenting opinions: 12
- Justice with most dissenting opinions: Justice Barry Albin (6)
For the study's full set of findings in New Jersey, click here.
Ballotpedia Courts: State Partisanship (2020)
- See also: Ballotpedia Courts: State Partisanship
Last updated: June 15, 2020
In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.
The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:
- Strong Democrat
- Mild Democrat
- Indeterminate[24]
- Mild Republican
- Strong Republican
We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[25]
New Jersey had a Court Balance Score of 1, indicating Republican control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.
Bonica and Woodruff campaign finance scores (2012)
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of New Jersey was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, New Jersey received a score of 0.05. Based on the justices selected, New Jersey was the 23rd most conservative court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[26]
Noteworthy cases
The following are noteworthy cases heard before the New Jersey Supreme Court. For a list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.
| • Court strikes down 2011 law guaranteeing state pension payments (2015) (Burgos v. State of New Jersey, NJ A-55-14) | Click for summary→ | |||
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On June 9, 2015, a 5-2 majority of the court determined that a 2011 pension law guaranteeing annual contributions to public pensions could not be protected by the state constitution. The New Jersey State Legislature passed the measure to guarantee pension payments under constitutional provisions protecting contracts. Legislators approved contributions meeting the law's requirements for Fiscal Years 2012, 2013 and 2014. Gov. Chris Christie (R) issued an executive order on May 20, 2014, reducing pension payments from $1.58 billion to $696 million for Fiscal Year 2014 due to a significant drop in state revenues. This order led to a lawsuit by members of public employee unions challenging Christie's order and seeking compliance with the 2011 law.[27] Justice Jaynee LaVecchia wrote in the majority opinion:
Chief Justice Stuart Rabner and Justice Barry Albin dissented from the majority. Both justices argued that the Contracts Clause of the United States Constitution offers protections for contracts between the state and public employees.[28] | ||||
| • Warrant requirement is retroactive (2015) (New Jersey v. Adkins, NJ A-91-13) | Click for summary→ |
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In 2013, The United States Supreme Court ruled in Missouri v. McNeely that the dissipation of alcohol in a suspected drunk driver's blood is not an automatic exigent circumstance. If it were, then police would not have to obtain a warrant to take the suspect's blood. Timothy Adkins hit a utility pole with his car in 2010 and injured two passengers. Police on the scene suspected Adkins of being intoxicated and took a sample of his blood without a warrant. Adkins received multiple charges, including a DWI. After the Supreme Court's ruling in Missouri v. McNeely, Adkins filed a pre-trial motion to suppress the results of the blood draw, claiming police should have been required to obtain a warrant. The trial court agreed with Adkins and suppressed the results. The prosecutor appealed, and the case reached the New Jersey Supreme Court.[29] On May 4, 2015, Justice Jaynee LaVecchia wrote the opinion for the court, which found the rule from McNeely applies in New Jersey, including in some cases retroactively. LaVecchia stated, "McNeely's pronouncement on the Fourth Amendment's requirements must apply retroactively to cases that were in the pipeline when McNeely was issued. Accordingly, the Appellate Division's judgment is reversed. The matter is remanded to allow the State and defendant the opportunity to re-present their respective positions on exigency in a hearing on defendant's motion to suppress the admissibility of the blood test results. In that hearing, potential dissipation of the evidence may be given substantial weight as a factor to be considered in the totality of the circumstances. The reviewing court must focus on the objective exigency of the circumstances faced by the officers."[30] | |
Noteworthy events
Vacancies on the New Jersey Supreme Court (2022)
On August 15, 2022, Chief Justice Stuart Rabner issued an order temporarily appointing three state judges to the supreme court. The appointment addressed ongoing vacancies on the court. Superior Court Judges Clarkson Fisher, Jack Sabatino, and Douglas M. Fasciale began serving on the court on September 1, 2022. At that time, the court had not had all its seats filled since December 31 of the previous year, after which Justice Jaynee LaVecchia retired.[31]
According to the New Jersey Monitor, ongoing vacancies were not just occuring at the state's court of last resort; in May of 2022, the judicial vacancies across the state totaled 75 — a record.[32]
New Jersey Supreme Court picked congressional redistricting commission tiebreaker (July 2021)
The New Jersey Congressional Redistricting Commission consists of 13 members and is responsible for drawing congressional district boundaries following the decennial census. Eight members are selected by majority and minority leaders of the state legislature, four are selected by state Democratic and Republican Party chairs, and the final member is selected by all 12 members.
Following the 2020 census, a majority of the New Jersey Supreme Court voted to select John Wallace, a retired New Jersey Supreme Court Justice, to act as a tiebreaker on the congressional redistricting commission.[33] His selection came after 12 members of the state Congressional Redistricting Commission (six Democrats and six Republicans) did not agree on a 13th member by the July 15, 2021, deadline, meaning the decision went to the seven-member New Jersey Supreme Court. The court had until August 10 to pick between retired New Jersey Supreme Court Justice John Wallace and former Superior Court Judge Marina Corodemus. Wallace was Democratic commissioners' choice and Corodemus, Republican commissioners' choice.[34]
On July 20, Chief Justice Stuart Rabner requested the commission reconvene and try to reach consensus on a 13th member.[35]
According to the New Jersey Globe, this was the first time the state supreme court was called upon to select the Congressional Redistricting Commission's tiebreaker. The outlet also reported that the commission has never agreed on a map without needing the tiebreaker.[36]
Ethics
The New Jersey Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in New Jersey. It is composed of seven canons:
- Canon 1: "A Judge Should Uphold the Integrity and Independence of the Judiciary"
- Canon 2: "A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities"
- Canon 3: "A Judge Should Perform the Duties of Judicial Office Impartially and Diligently"
- Canon 4: "A Judge May Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice"
- Canon 5: "A Judge Shall so Conduct the Judge's Extra-Judicial Activities as to Minimize the Risk of Conflict With Judicial Obligations"
- Canon 6: "A Judge Shall Not Receive Compensation for Quasi-Judicial and Extra-Judicial Activities"
- Canon 7: "A Judge Shall Refrain From Political Activity"[37]
The full text of the New Jersey Code of Judicial Conduct can be found here.
Removal of judges
Judges in New Jersey may be removed in one of three ways:
- Impeachment by a majority of the general assembly, followed by the affirmation of two thirds of the senate
- By the governor, who must get the approval of the supreme court and a three-person commission
- By the supreme court, who must get the approval of the advisory committee on judicial conduct[38]
History of the court
New Jersey's 1776 constitution included a supreme court with judges appointed by both houses of the legislature to seven-year terms. At that time, another court called the Court of Appeals served as the court of last resort in New Jersey.[39] New Jersey's 1844 constitution included a court called the Court of Errors and Appeals as the state's court of last resort. The 1844 constitution also established that supreme court justices were to be appointed by the governor with the consent of the senate.[40]
New Jersey's 1947 constitution instituted the New Jersey Supreme Court as the state's court of last resort. It also established initial seven-year terms for supreme court justices, with tenure upon reappointment. The mandatory retirement age of 70 years was established.[41]
For more information about the history of the New Jersey judicial branch, click here.
Courts in New Jersey
- See also: Courts in New Jersey
In New Jersey, there is one federal district court, a state supreme court, a state superior court, and trial courts with both general and limited jurisdiction.
Click a link for information about that court type.
The image below depicts the flow of cases through New Jersey's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Party control of New Jersey state government
A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.
New Jersey has a Democratic trifecta. The Democratic Party controls the office of governor and both chambers of the state legislature.
New Jersey Party Control: 1992-2024
Thirteen years of Democratic trifectas • Eight years of Republican trifectas
Scroll left and right on the table below to view more years.
| Year | 92 | 93 | 94 | 95 | 96 | 97 | 98 | 99 | 00 | 01 | 02 | 03 | 04 | 05 | 06 | 07 | 08 | 09 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Governor | D | D | R | R | R | R | R | R | R | R | D | D | D | D | D | D | D | D | R | R | R | R | R | R | R | R | D | D | D | D | D | D | D |
| Senate | R | R | R | R | R | R | R | R | R | R | S | S | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D |
| Assembly | R | R | R | R | R | R | R | R | R | R | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D |
See also
External links
Footnotes
- ↑ The salary of the chief justice may be higher than an associate justice.
- ↑ New Jersey Courts, "Richard J. Hughes Justice Complex," accessed August 30, 2021
- ↑ New Jersey Courts, "Rules Governing the Courts of the State of New Jersey," accessed August 30, 2021 (Rule 1:30)
- ↑ Note: In New Hampshire, a judicial selection commission has been established by executive order. The commission's recommendations are not binding.
- ↑ 5.0 5.1 New Jersey Legislature, "New Jersey State Constitution 1947," accessed August 30, 2021
- ↑ 6.0 6.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 7.0 7.1 New Jersey Courts, "The New Jersey Courts | A guide to the judicial process," accessed August 27, 2021
- ↑ 8.0 8.1 8.2 8.3 New Jersey Legislature, "New Jersey State Constitution 1947," accessed August 27, 2021 (Article VI Section II)
- ↑ New Jersey Legislature, "New Jersey State Constitution 1947," accessed August 27, 2021 (Article V Section I)
- ↑ New Jersey Courts, "Annual Reports," accessed October 5, 2022
- ↑ New Jersey Courts, "Annual Report of the New Jersey Courts: Court Year 2018 - 2019," accessed August 30, 2021 (page 11)
- ↑ New Jersey Courts, "Annual Report of the New Jersey Courts: Court Year 2017 - 2018," accessed September 19, 2019 (page 11)
- ↑ New Jersey Courts, "Annual Report of the New Jersey Courts 2016-2017," accessed September 19, 2019 (page 6)
- ↑ New Jersey Courts, "Annual Report of the New Jersey Courts 2015-2016," accessed September 19, 2019 (page 8)
- ↑ New Jersey Courts, "Annual Report of the New Jersey Courts 2014-2015," accessed September 19, 2019 (page 8)
- ↑ New Jersey Courts, "Annual Report of the New Jersey Courts 2013-2014," accessed September 19, 2019 (page 8)
- ↑ New Jersey Courts, "Annual Report of the New Jersey Courts 2012-2013," accessed September 19, 2019 (page 8)
- ↑ New Jersey Courts, "New Jersey Judiciary Annual Report 2011-2012," accessed September 19, 2019 (page 5)
- ↑ 19.0 19.1 Disposition statistics not available
- ↑ New Jersey Courts, "Annual Report 2010-2011," accessed September 19, 2019 (page 9)
- ↑ New Jersey Courts, "New Jersey Courts Annual Report 2009-2010," accessed September 19, 2019 (page 11)
- ↑ New Jersey Courts, "New Jersey Courts Annual Report 2008-2009," accessed September 19, 2019 (page 7)
- ↑ 23.0 23.1 New Jersey Courts, "New Jersey Courts Annual Report 2007-2008," accessed September 19, 2019 (page 7)
- ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
- ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
- ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
- ↑ The Washington Post, "New Jersey Supreme Court hands Chris Christie a big victory," June 9, 2015
- ↑ 28.0 28.1 Rutgers, "Burgos v. State of New Jersey," June 9, 2015
- ↑ NJ.com, "U.S. Supreme Court ruling on blood tests in DWI cases must apply to some past cases in N.J., high court says," May 5, 2015
- ↑ Justia, "New Jersey v. Adkins," May 4, 2015
- ↑ New Jersey Courts, "Order – Appellate Division Judges Fisher, Sabatino, and Fasciale Temporarily Assigned to the Supreme Court Effective September 1." August 15, 2022
- ↑ New Jersey Monitor, "Three judges named temporarily to N.J. Supreme Court, as judicial vacancies persist," August 15, 2022
- ↑ New Jersey Globe, "Justices pick Wallace as congressional redistricting tiebreaker," August 6, 2021
- ↑ New Jersey Globe, "N.J. Supreme Court will pick tiebreaker on congressional redistricting," July 15, 2021
- ↑ New Jersey Globe, "Rabner wants to punt on tiebreaker, asks parties to find a consensus candidate," July 20, 2021
- ↑ New Jersey Globe, "Who will the Supreme Court pick as the congressional redistricting tiebreaker? 15 questions — and answers — about what comes next," July 16, 2021
- ↑ New Jersey Courts, Code of Judicial Conduct, accessed June 30, 2015
- ↑ National Center for State Courts, "Methods of Judicial Selection: New Jersey, Removal of Judges," accessed June 30, 2015
- ↑ State of New Jersey Department of State, "1776 State Constitution," accessed August 30, 2021
- ↑ State of New Jersey Department of State, "1844 State Constitution," accessed August 30, 2021
- ↑ State of New Jersey Department of State, "1947 State Constitution," accessed August 30, 2021
Federal courts:
Third Circuit Court of Appeals • U.S. District Court: District of New Jersey • U.S. Bankruptcy Court: District of New Jersey
State courts:
New Jersey Supreme Court • New Jersey Superior Court, Appellate Division • New Jersey Superior Courts • New Jersey Municipal Courts • New Jersey Tax Court
State resources:
Courts in New Jersey • New Jersey judicial elections • Judicial selection in New Jersey
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