Ties in the Supreme Court of New Jersey
Edward A. Hartnett
Seton Hall University School of Law
Seton Hall Law Review, Vol. 32, No. 4, 2003
Seton Hall Public Law Research Paper No. 1414356
In this article, I explore the state law provisions for temporary assignments to the Supreme Court of New Jersey, a mechanism that has been suggested as a way to avoid or break ties, and argue that, as a matter of state constitutional law, such assignments should be made only when necessary to achieve the required quorum of five. This exploration leads to a broader conclusion that the New Jersey Constitution prohibits the recall and temporary assignment to any court of retired justices and judges who have reached the mandatory retirement age of seventy.
Number of Pages in PDF File: 36
Keywords: New Jersey Constitution, ties, temporary assignment of judges
JEL Classification: K41
Date posted: June 5, 2009
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