Ties in the Supreme Court of New Jersey

Abstract:     
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

Accepted Paper Series