Ties in the Supreme Court of New Jersey

36 Pages Posted: 5 Jun 2009  

Edward A. Hartnett

Seton Hall University School of Law

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.

Keywords: New Jersey Constitution, ties, temporary assignment of judges

JEL Classification: K41

Suggested Citation

Hartnett, Edward A., Ties in the Supreme Court of New Jersey. Seton Hall Law Review, Vol. 32, No. 4, 2003; Seton Hall Public Law Research Paper No. 1414356. Available at SSRN: https://ssrn.com/abstract=1414356

Edward A. Hartnett (Contact Author)

Seton Hall University School of Law ( email )

One Newark Center
Newark, NJ 07102-5210
United States
973-642-8842 (Phone)

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