New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. It is vested with unlimited civil and criminal jurisdiction, although outside New York City it acts as a court of civil jurisdiction, with most criminal matters handled in County Court; the Court is radically different from its counterparts in nearly all other states in two important ways. First, the Supreme Court is not the highest court in the state; the highest court of the State of New York is the Court of Appeals. Second, although it is a trial court, the Supreme Court sits as a "single great tribunal of general state-wide jurisdiction, rather than an aggregation of separate courts sitting in the several counties or judicial districts of the state." There is a branch of the Supreme Court in each of New York's 62 counties. Under the New York State Constitution, the New York State Supreme Court has unlimited jurisdiction in both civil and criminal cases, with the exception of certain monetary claims against the State of New York itself.
In practice, the Supreme Court hears civil actions involving claims above a certain monetary amount that puts the claim beyond the jurisdiction of lower courts. Civil actions about lesser sums are heard by courts of limited jurisdiction, such as the New York City Civil Court, or the County Court, District Court, city courts, or justice courts outside New York City; the Supreme Court hears civil cases involving claims for equitable relief, such as injunctions, specific performance, or rescission of a contract, as well as actions for a declaratory judgment. The Supreme Court has exclusive jurisdiction of matrimonial actions, such as either contested or uncontested actions for a divorce or annulment; the court has exclusive jurisdiction over "Article 78 proceedings" against a body or officer seeking to overturn an official determination on the grounds that it was arbitrary and unreasonable or contrary to law. In 1995, the New York Supreme Court established a trial level Commercial Division, beginning in New York County and Monroe County.
The Commercial Division has expanded to the 8th District, the Albany, Nassau, Queens and Westchester County Supreme Courts. These are specialized Business Courts, with a defined jurisdiction focusing on business and commercial litigation; the jurisdictional amount in controversy required to have a case heard in the Commercial Division varies among these Commercial Division courts, ranging from $50,000 in Albany and Onandaga Counties to $500,000 in New York County, but the Commercial Division rules are otherwise uniform. With respect to criminal cases, the Criminal Branch of Supreme Court tries felony cases in the five counties of New York City, whereas they are heard by the County Court elsewhere. Misdemeanor cases, arraignments in all cases, are handled by lower courts: the New York City Criminal Court. Appeals from Supreme Court decisions, as well as from the Surrogate's Court, Family Court, Court of Claims, are heard by the New York Supreme Court, Appellate Division; this court is intermediate between the New York Court of Appeals.
There is one Appellate Division, which for administrative purposes comprises four judicial departments. Decisions of the Appellate Division department panels are binding on the lower courts in that department, on lower courts in other departments unless there is contrary authority from the Appellate Division of that department; the Appellate Division of the Supreme Court in each judicial department is authorized to establish "appellate terms". An appellate term is an intermediate appellate court that hears appeals from the inferior courts within their designated counties or judicial districts, are intended to ease the workload on the Appellate Division and provide a less expensive forum closer to the people. Appellate terms are located in the Second Judicial Departments only. In New York City, the Appellate Term hears appeals from the New York City Civil Court and Criminal Court. In the Second Department outside New York City, it hears appeals from the Nassau and Suffolk County District Courts, city courts, justice courts.
Appellate terms consist of between three and five justices of the Supreme Court, appointed by the Chief Administrative Judge with the approval of presiding justice of the appropriate appellate division. The court sits in three-judge panels, with two justices constituting a quorum and being necessary for a decision. Decisions by the Appellate Term must be followed by courts. In New York City, all felony cases are heard in criminal terms; the Criminal Term of the Supreme Court, New York County is divided into 1 all purpose part, 15 conference and trial parts, 1 youth part, 1 narcotics/sci part, 1 felony waiver/sci part, 1 integrated domestic violence part, 16 trial parts, which include 3 Judicial Diversion Parts and 1 Mental Health Part. In New York City, all major civil cases are heard in civil terms; the court system is divided into thirteen judicial districts: seven upstate districts each comprising between five and eleven counties, five districts corresponding to the boroughs of New York City, one district on Long Island.
In each judicial district outside New York
New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is located on a peninsula, bordered on the north and east by the state of New York along the extent of the length of New York City on its western edge. New Jersey is the fourth-smallest state by area but the 11th-most populous, with 9 million residents as of 2017, the most densely populated of the 50 U. S. states. New Jersey lies within the combined statistical areas of New York City and Philadelphia. New Jersey was the second-wealthiest U. S. state by median household income as of 2017. New Jersey was inhabited by Native Americans for more than 2,800 years, with historical tribes such as the Lenape along the coast. In the early 17th century, the Dutch and the Swedes founded the first European settlements in the state; the English seized control of the region, naming it the Province of New Jersey after the largest of the Channel Islands and granting it as a colony to Sir George Carteret and John Berkeley, 1st Baron Berkeley of Stratton.
New Jersey was the site of several decisive battles during the American Revolutionary War in the 18th century. In the 19th century, factories in cities, Paterson, Trenton, Jersey City, Elizabeth helped to drive the Industrial Revolution. New Jersey's geographic location at the center of the Northeast megalopolis, between Boston and New York City to the northeast, Philadelphia and Washington, D. C. to the southwest, fueled its rapid growth through the process of suburbanization in the second half of the 20th century. In the first decades of the 21st century, this suburbanization began reverting with the consolidation of New Jersey's culturally diverse populace toward more urban settings within the state, with towns home to commuter rail stations outpacing the population growth of more automobile-oriented suburbs since 2008. Around 180 million years ago, during the Jurassic Period, New Jersey bordered North Africa; the pressure of the collision between North America and Africa gave rise to the Appalachian Mountains.
Around 18,000 years ago, the Ice Age resulted in glaciers. As the glaciers retreated, they left behind Lake Passaic, as well as many rivers and gorges. New Jersey was settled by Native Americans, with the Lenni-Lenape being dominant at the time of contact. Scheyichbi is the Lenape name for the land, now New Jersey; the Lenape were several autonomous groups that practiced maize agriculture in order to supplement their hunting and gathering in the region surrounding the Delaware River, the lower Hudson River, western Long Island Sound. The Lenape society was divided into matrilinear clans; these clans were organized into three distinct phratries identified by their animal sign: Turtle and Wolf. They first encountered the Dutch in the early 17th century, their primary relationship with the Europeans was through fur trade; the Dutch became the first Europeans to lay claim to lands in New Jersey. The Dutch colony of New Netherland consisted of parts of modern Middle Atlantic states. Although the European principle of land ownership was not recognized by the Lenape, Dutch West India Company policy required its colonists to purchase the land that they settled.
The first to do so was Michiel Pauw who established a patronship called Pavonia in 1630 along the North River which became the Bergen. Peter Minuit's purchase of lands along the Delaware River established the colony of New Sweden; the entire region became a territory of England on June 24, 1664, after an English fleet under the command of Colonel Richard Nicolls sailed into what is now New York Harbor and took control of Fort Amsterdam, annexing the entire province. During the English Civil War, the Channel Island of Jersey remained loyal to the British Crown and gave sanctuary to the King, it was from the Royal Square in Saint Helier that Charles II of England was proclaimed King in 1649, following the execution of his father, Charles I. The North American lands were divided by Charles II, who gave his brother, the Duke of York, the region between New England and Maryland as a proprietary colony. James granted the land between the Hudson River and the Delaware River to two friends who had remained loyal through the English Civil War: Sir George Carteret and Lord Berkeley of Stratton.
The area was named the Province of New Jersey. Since the state's inception, New Jersey has been characterized by religious diversity. New England Congregationalists settled alongside Scots Presbyterians and Dutch Reformed migrants. While the majority of residents lived in towns with individual landholdings of 100 acres, a few rich proprietors owned vast estates. English Quakers and Anglicans owned large landholdings. Unlike Plymouth Colony and other colonies, New Jersey was populated by a secondary wave of immigrants who came from other colonies instead of those who migrated directly from Europe. New Jersey remained agrarian and rural throughout the colonial era, commercial farming developed sporadically; some townships, such as Burlington on the Delaware River and Perth Amboy, emerged as important ports for shipping to New York City and Philadelphia. The colony's fertile lands and tolerant religious policy drew more settlers, New Jersey's population had increased to 120,000 by 1775. Settlement for the first 10 years of English rule took place along Hackensack River and Arthur Kill –
Founding Fathers of the United States
The Founding Fathers of the United States, or the Founding Fathers, were a group of philosophers and writers who led the American Revolution against the Kingdom of Great Britain. Most were descendants of colonists settled in the Thirteen Colonies in North America. Historian Richard B. Morris in 1973 identified the following seven figures as the key Founding Fathers: Alexander Hamilton, George Washington, Benjamin Franklin, John Jay, John Adams, Thomas Jefferson, James Madison. Adams and Franklin were members of the Committee of Five that drafted the Declaration of Independence. Hamilton and Jay were authors of The Federalist Papers, advocating ratification of the Constitution; the constitutions drafted by Jay and Adams for their respective states of New York and Massachusetts were relied upon when creating language for the U. S. Constitution. Jay and Franklin negotiated the Treaty of Paris that would end the American Revolutionary War. Washington was Commander-in-Chief of the Continental Army and was President of the Constitutional Convention.
All held additional important roles in the early government of the United States, with Washington, Adams and Madison serving as President. Jay was the nation's first Chief Justice, Hamilton was the first Secretary of the Treasury, Franklin was America's most senior diplomat, the governmental leader of Pennsylvania; the term Founding Fathers is sometimes used to refer to the Signers of the embossed version of the Declaration of Independence in 1776. Signers should not be confused with the term Framers. Of the 55 Framers, only 39 were signers of the Constitution. Two further groupings of Founding Fathers include: 1) those who signed the Continental Association, a trade ban and one of the colonists' first collective volleys protesting British control and the Intolerable Acts in 1774, or 2) those who signed the Articles of Confederation, the first U. S. constitutional document. The phrase "Founding Fathers" is a 20th-century appellation, coined by Warren G. Harding in 1916. Prior to, during the 19th century, they were referred to as the "Fathers".
The term has been used to describe first settlers of the original royal colonies. The First Continental Congress met in Philadelphia, Pennsylvania in 1774, consisting of 56 delegates from all thirteen American colonies except Georgia. Among them was George Washington, who would soon be drawn out of military retirement to command the Continental Army during the American Revolutionary War. In attendance was Patrick Henry, John Adams, who like all delegates were elected by their respective colonial assemblies. Other delegates included Samuel Adams from Massachusetts, John Dickinson from Pennsylvania and New York's John Jay; this congress in addition to formulating appeals to the British crown, established the Continental Association to administer boycott actions against Britain. When the Second Continental Congress convened on May 10, 1775, it reconstituted the First Congress. Many of the same 56 delegates who attended the first meeting participated in the second. New arrivals included Benjamin Franklin and Robert Morris of Pennsylvania, John Hancock of Massachusetts, John Witherspoon of New Jersey.
Hancock was elected Congress President two weeks into the session when Peyton Randolph was recalled to Virginia to preside over the House of Burgesses. Thomas Jefferson replaced Randolph in the Virginia congressional delegation; the second Congress adopted the Declaration of Independence. Witherspoon was the only active clergyman to sign the Declaration, he signed the Articles of Confederation and attended the New Jersey convention that ratified the Federal Constitution. The newly founded country of the United States had to create a new government to replace the British Parliament; the U. S. adopted the Articles of Confederation, a declaration that established a national government with a one-house legislature. Its ratification by all thirteen colonies gave the second Congress a new name: the Congress of the Confederation, which met from 1781 to 1789; the Constitutional Convention took place in Philadelphia. Although the Convention was called to revise the Articles of Confederation, the intention from the outset for some including James Madison and Alexander Hamilton was to create a new frame of government rather than amending the existing one.
The delegates elected George Washington to preside over the Convention. The result of the Convention was the United States Constitution and the replacement of the Continental Congress with the United States Congress; the Founding Fathers represented a cross-section of 18th-century U. S. leadership. According to a study of the biographies by Caroline Robbins: The Signers came for the most part from an educated elite, were residents of older settlements, belonged with a few exceptions to a moderately well-to-do class representing only a fraction of the population. Native or born overseas, they were of the Protestant faith. All of them were leaders in their communities. Many were prominent in national affairs; every one had taken part in the American Revolution. Scholars have examined the collective biography of them as well as the signers of the Declaration and the Constitution. Many of the Founding Fathers attended or held degrees from the colonial colleges, most notably Columbia known at the time as "King's College", Princeton or
New Jersey General Assembly
The New Jersey General Assembly is the lower house of the New Jersey Legislature. Since the election of 1967, the Assembly has consisted of 80 members. Two members are elected from each of New Jersey's 40 legislative districts for a term of two years, each representing districts with average populations of 210,359. To be eligible to run, a potential candidate must be at least 21 years of age, must have lived in their district for at least one year prior to the election, have lived in the state of New Jersey for two years, they must be residents of their districts. Membership in the Assembly is considered a part-time job, many members have employment in addition to their legislative work. Assembly members serve two-year terms, elected every odd-numbered year in November. Several members of the Assembly hold other elective office, as they are grandfathered in under a New Jersey law that banned multiple office holding in 2007; the Assembly is led by the Speaker of the Assembly, elected by the membership of the chamber.
After the Lieutenant Governor of New Jersey and the President of the New Jersey Senate, the Speaker of the Assembly is third in the line of succession to replace the Governor of New Jersey in the event that he or she is unable to execute the duties of that office. The Speaker decides the schedule for the Assembly, which bills will be considered, appoints committee chairmen, runs the Assembly's agenda; the current Speaker is Craig Coughlin. Members of the NJ General Assembly receive an annual base salary of $49,000 with the Senate President and the Assembly Speaker earning more. Members receive $110,000 for staff salaries. In addition, they receive stationery and a telephone card, they receive other benefits. The total cost to the State of New Jersey for each member of the general assembly is $200,000 annually. See: New Jersey Legislature#Colonial period and New Jersey Legislative Council#Composition Committee chairs for the 2018-2019 Legislative Session are: Agriculture and Natural Resources - Asm.
Bob Andrzejczak Appropriations - Asm. John Burzichelli Budget - Aswm. Eliana Pintor Marin Commerce and Economic Development - Asm. Gordon M. Johnson Consumer Affairs - Asm. Paul Moriarty Education - Asw. Pamela R. Lampitt Environment and Solid Waste - Asw. Nancy Pinkin Financial Institutions and Insurance - Asm. John F. McKeon Health and Senior Services - Asm. Herb Conaway, MD Higher Education - Asw. Mila Jasey Homeland Security and State Preparedness - Asw. Valerie Vainieri Huttle Housing and Community Development - Asm. Jerry Green Human Services - Asw. Joann Downey Judiciary - Asw. Annette Quijano Labor - Asm. Joseph Egan Law and Public Safety - Asm. Adam Taliaferro Military and Veterans' Affairs - Asw. Cleopatra Tucker Oversight and Federal Relations - Asm. Joseph Danielsen Regulated Professions - Asm. Thomas Giblin Regulatory Oversight - Asm. Reed Gusciora Science and Technology - Asm. Andrew Zwicker State and Local Government - Asm. Vincent Mazzeo Telecommunications and Utilities - Asm. Wayne DeAngelo Tourism and the Arts - Asm.
Ralph Caputo Transportation and Independent Authorities - Asm. Daniel R. Benson Women and Children - Asw. Gabriela Mosquera Note: The first three subsections below end with a constitutional year: 1776, 1844 or 1947; the fourth subsection ends in 1966, the year of the U. S. Supreme Court decision that required legislative apportionment based on the principle of "one person, one vote"; the following is a list of Speakers of the Assembly since 1703. On December 6, 1775, Gov. William Franklin prorogued the New Jersey Legislature until January 3, 1776, but it never met again. On May 30, 1776, Franklin attempted to convene the legislature, but was met instead with an order by the New Jersey Provincial Congress for his arrest. On July 2, 1776, the Provincial Congress approved a new constitution; the Constitution of 1844 expanded the General Assembly to 60 members, elected annually and apportioned to the then-nineteen counties by population. Category:Members of the New Jersey General Assembly New Jersey State Constitution New Jersey Legislature official website Assembly Democrats official website Assembly Republicans official website New Jersey section of Project Vote Smart a national database of voting records and other information about legislators
John Peter Zenger
John Peter Zenger was an American printer and journalist in New York City. Zenger printed The New York Weekly Journal, he was accused of libel in 1734 by William Cosby, the royal governor of New York, but the jury acquitted Zenger, who became a symbol for freedom of the press. In 1733, Zenger began printing The New York Weekly Journal, in which the journal voiced opinions critical of the colonial governor, William Cosby. On November 17, 1734, on Cosby's orders, the sheriff arrested Zenger. After a grand jury refused to indict him, the Attorney General Richard Bradley charged him with libel in August 1735. Zenger's lawyers, Andrew Hamilton and William Smith, Sr. argued that truth is a defense against charges of libel. Peter Zenger was born in a son of Nicolaus Eberhard Zenger and his wife Johanna, his father was a school teacher in Impflingen in 1701. The Zenger family had other children baptised in Rumbach in 1697 and in 1703 and in Waldfischbach in 1706; the Zenger family immigrated to New York in 1710 as part of a large group of German Palatines, Nicolaus Zenger was one of those who died before settlement.:1123 The governor of New York had agreed to provide apprenticeships for all the children of immigrants from the Palatinate, John Peter was bound for eight years as an apprentice to William Bradford, the first printer in New York.
By 1720, he was taking on printing work in Maryland, though he returned to New York permanently by 1722.:1124 After a brief partnership with Bradford in 1725, Zenger set up as a commercial printer on Smith Street in Manhattan. On 28 May 1719, Zenger married Mary White in Philadelphia. On 24 August 1722, widower Zenger married Anna Catharina Maul in the Collegiate Manhattan, he was the father of many children by his second wife. In 1733, Zenger printed copies of newspapers in New York to voice his disagreement with the actions of newly appointed colonial governor William Cosby. On his arrival in New York City, Cosby had plunged into a rancorous quarrel with the council of the colony over his salary. Unable to control the colony's supreme court, he removed Chief Justice Lewis Morris, replacing him with James DeLancey of the Royal Party. Supported by members of the Popular Party, Zenger's New-York Weekly Journal continued to publish articles critical of the royal governor. Cosby issued a proclamation condemning the newspaper's "divers scandalous, virulent and seditious reflections."Zenger was charged with libel.
James Alexander was Zenger's first counsel, but the court found him in contempt and removed him from the case. After more than eight months in prison, Zenger went to trial, defended by the Philadelphia lawyer Andrew Hamilton and the New York lawyer William Smith, Sr; the case was now a cause célèbre, with public interest at fever-pitch. Rebuffed by chief justice James DeLancey during the trial, Hamilton decided to plead his client's case directly to the jury. After the lawyers for both sides finished their arguments, the jury retired, only to return in ten minutes with a verdict of not guilty. In defending Zenger in this landmark case and Smith attempted to establish the precedent that a statement if defamatory, is not libelous if it can be proved, thus affirming freedom of the press in America; this case is the groundwork of freedom of the press, not its legal precedent. As late as 1804, the journalist Harry Croswell lost a series of prosecutions and appeals, because truth was not a defense against libel, as decided by the New York Supreme Court in People v. Croswell.
It was only the following year that the assembly, reacting to this verdict, passed a law that allowed truth as a defense against a charge of libel. In an issue of The New York Weekly Journal prior to Zenger's arrest, is a typical attack against the government in Zenger's newspaper. In an issue dated February 25, 1733, is an opinion piece written under the pseudonym "Cato." This was a pen-name used by British writers John Trenchard and Thomas Gordon, whose essays were published as Cato's Letters. Jeffery A. Smith writes that "Cato" was "the leading luminary of the 18th century libertarian press theory... Editions of Cato's Letters were published and republished for decades in Britain and were immensely popular in America." This article gave its readers a preview of the same argument attorneys Hamilton and Smith presented 18 months in the government's libel case against Zenger — that truth is an absolute defense against libel. The words are reprinted from Cato's essay "Reflections Upon Libelling": A libel is not less the libel for being true...
But this doctrine only holds true as to personal failings. Zenger died in New York on July 28, 1746, is believed to be buried in Trinity Churchyard in Lower Manhattan, his widow continued the family business until Zenger’s eldest son, replaced his mother as head of the print shop in December 1748. John Zenger continued publication of the Journal for another three years. During World War II the Liberty ship SS Peter Zenger was named in his honor. Areopagitica Federal Hall The New York Weekly Journal Freedom of the press Freedom of speech in the United States Saint Paul's Church National Historic Site Copeland, David. "The Zenger Trial."
Anthony Walton White
Anthony Walton White was a Brigadier General in the Continental Army during the American Revolutionary War who had served as an aide-de-camp to General George Washington. He was born on July 1750 to Elizabeth Morris and Anthony White III in New Brunswick, New Jersey, his paternal great-grandfather, Anthony White I, was a royalist who, after the execution of Charles I, emigrated to Bermuda and became connected with the government of the islands of which his son, Anthony White II, grandson, Leonard White, were chief justices. White's father, Anthony White III, moved to the United States from Bermuda and married Elizabeth Morris, the daughter of Governor Lewis Morris, a Governor of New Jersey, his elder sister, Euphemia White, was the second wife of William Paterson. White received his education under the immediate direction of his father. At the age of twenty-five, his time was employed in study and in assisting his father in the management of his large estates. In October 1775, he obtained a commission as aide-de-camp to General George Washington.
On February 9, 1776, White was commissioned by the Continental Congress as the lieutenant colonel of the 3rd New Jersey Regiment. He was engaged in the service in the North until 1780, being successively appointed Lieutenant Colonel of the 4th Continental Light Dragoons in the Continental army, February 13, 1777, lieutenant colonel commandant of the 1st Continental Light Dragoons, December 10, 1779, colonel, February 16, 1780. At that time, he was ordered by General Washington to take command of all the cavalry in the southern army, upon his own personal credit, equipped two regiments with which to operate against Lord Cornwallis in South Carolina. On May 6, 1780, with the remnant of Major Benjamin Huger's cavalry, he crossed the Santee River and captured a small party of British, but while waiting at Lanneau's Ferry to recross the river, he was surprised and defeated by Col. Banastre Tarleton. White and many of his troops were taken prisoner. In 1781 he was ordered to join the army under Lafayette in Virginia, on his march to that state had several successful encounters with Colonel Tarleton.
On May 21, 1782, White was present with General Anthony Wayne in the movement before Savannah. These debts he was subsequently obliged to pay at enormous sacrifices of his own property, and, on returning to the North at the close of the war, his financial ruin was completed by entering into speculation at the persuasion of military friends. In 1793, White moved from New York, where he had resided for about ten years, back to New Brunswick, New Jersey. In 1794, he was appointed by President Washington as a brigadier general of cavalry in the expedition against the insurgents of the Whiskey Rebellion, serving under General Henry Lee. In 1783, he married Margaret Ellis. Together, they had a daughter: Eliza Mary White, he died on February 10, 1803, at age 52, was buried at Christ Church Episcopal Churchyard in New Brunswick, New Jersey. White's grandson, Anthony Walton White Evans, was a civil engineer who worked on railroad and canal commissions in North and South America during the mid-nineteenth century.
Notes Sources Abbatt, William. The Magazine of History with Notes and Queries, Volume 1. New York: William Abbatt. P. 407. E'book Honeyman, A. Van Doren. Somerset County Historical Quarterly, Volume 7. Somerset, New Jersey: Somerset County Historical Society. P. 334. E'book Woodhull, Anna W.. Memoir of Brigadier-General Anthony Walton White, Book This article incorporates text from a publication now in the public domain: Wilson, J. G.. "article name needed". Appletons' Cyclopædia of American Biography. New York: D. Appleton. Findagrave: Anthony White
Supreme Court of New Jersey
The Supreme Court of New Jersey is the highest court in the U. S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging the validity of state laws under the state constitution. One of its former members, William J. Brennan, Jr. became an Associate Justice of the Supreme Court of the United States. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776; as constituted, the court replaced the prior New Jersey Court of Errors and Appeals, the highest court created under the Constitution of 1844. Now, the Supreme Court hears appeals from the Appellate Division and, on rare occasions, directly by order of the Court from other cases within the judicial and administrative system; until the Constitution of 1947, the Supreme Court was an intermediate court. Under the two previous New Jersey state constitutions, the phrase "Supreme Court" referred to a lower court, similar to the New York Supreme Court.
Both the "supreme court" and the actual highest court were composed in a radically different manner from that of the current supreme court or its inferior courts. Under the colonial constitution of 1776 the upper house of the legislature along with the governor was to be "the Court of Appeals", defined as the court of last resort, similar to the Law Lords of Great Britain. A separate "Supreme Court" was mentioned, but no indication of its duties was given, only term limits of its judges; as time progressed and political philosophies changed, people took issue with numerous parts of the original constitution: It was hastily thrown together, used property qualifications for enfranchisement, contained scant guarantees of freedoms, was unamendable, intermingled the three branches of government. Under the current constitution, the highest court in the state is the Supreme Court, it does not have original jurisdiction, hearing appeals, regulating the state's court system, regulating the legal profession within the state.
An appeal from one of the trial divisions of the New Jersey Superior Court goes to the Appellate Division of that court. Thereafter, it may be brought before the Supreme Court if a statute provides that the case may go to that court, or if it meets one or more of the following five requirements: as of right if the case involves a question of constitutionality. In practice, appeal to the Supreme Court as of right is rare, the Supreme Court hears cases on certification; the court serves as a de facto tie-breaker in case the twelve-member New Jersey Redistricting Commission fails to come to an agreement on who the 13th independent tie-breaking member will be, following the decennial United States Census. If the commission reports to the court that it is evenly divided, the commission may nominate two people to become an independent 13th member; the court appoints the one deemed "more qualified," who will break the tie. If the Commission still cannot reach a 7–6 majority in favor of a final redistricting configuration, the two district plans receiving the greatest number of votes, but not fewer than five votes, are submitted to the Supreme Court, which selects and certifies whichever of the two plans so submitted conforms most to the requirements of the Constitution and laws of the United States.
In the case of the Apportionment Commission for state legislative districts, the Chief Justice alone gets to pick the final 11th member of the Commission. The court acts as final arbiter of the inability or absence of the Governor or Lieutenant Governor, following a declaration by the Legislature; as in federal impeachment trials, in case of impeachment of the Governor, the Chief Justice presides. The Governor nominates all Justices to the Court but may choose only from among those lawyers admitted to the New Jersey bar for at least ten years. Following seven days of public notice, nominees are put before the Senate for "advice and consent". Once appointed after State Senate confirmation, justices serve for an initial term of seven years. After their initial term, the Governor may choose to nominate them for tenure, sending the nomination for tenure to the State Senate, which must again decide whether or not to grant advice and consent. Judges confirmed to a tenured position on the Court serve until they die, retire or are retired, are impeached and removed, or reach the age of 70, at which point they are automatically retired.
The Court consists of seven justices. The Chief Justice may select judges from the Superior Court, senior in service, to serve temporarily on the Supreme Court when he determines it necessary to fill a vacancy; the salary of the Chief Justice of the New Jersey Supreme Court is $192,795 while the salary of each Associate Justice is $185,482. Once in office, the salary of judges may not be decreased. While sitting on the bench, judges are not permitted to practice law or earn money from any other source. A majority of the General Assembly may pas