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55-589: Anthony Reckless was a prominent Red Bank resident who served in the New Jersey Senate from 1860 to 1865. He founded the New Jersey Standard newspaper and was president and treasurer of the New York and Long Branch Railroad . In 1870 he built the house on what was then a much larger estate. In 1910, the house was moved to make room for a Presbyterian church. The Woman's Club of Red Bank

110-399: 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 ("certifies") to the court that it is evenly divided, the commission may nominate two people to become an independent 13th member. The court appoints

165-418: A 1, 3, or 7 (i.e. next elections in 2027, 2031, and 2033). Interim appointments are made to fill vacant legislative seats by the county committee or committees of the party of the vacating person (since a constitutional amendment passed on November 8, 1988). The office is on the ballot for the next general election, even if the other Senate seats are not up for election in that year (such as in years ending with

220-511: A 5 or 9, such as 2009 or 2015). The sole exception to this is if the vacancy occurred within 51 days of the election, in which case the appointment stands until the following general election. Committee chairs for the 2024-2026 Legislative Session are: The following is a list of presidents of the New Jersey Senate since the adoption of the 1844 State Constitution : Under a state law that remained in effect until 2008, members of

275-571: A Republican, elected not to renominate Justice John E. Wallace Jr. in May 2010 and instead nominated attorney Anne M. Patterson . After New Jersey Senate Majority Leader Stephen Sweeney , a Democrat, refused to consider any nominee to Wallace's seat, Christie nominated Patterson to replace Justice Rivera-Soto who announced he would step down when his term expired in September 2011. The New Jersey Senate unanimously confirmed Patterson on June 28, 2011. She

330-522: A Republican. In May 2018, Governor Phil Murphy announced his intention to renominate Justice Anne Patterson for tenure. Justice Patterson was reconfirmed by the Senate on July 26, 2018. On June 5, 2020, Murphy announced his intention to nominate Fabiana Pierre-Louis to replace Justice Walter F. Timpone, who was required to retire on November 10, 2020. On August 24, 2020, the New Jersey Senate's Judiciary Committee voted 11–0 to advance her nomination to

385-431: A chief justice, a fact demonstrated in 2006 when Chief Justice Deborah Poritz , a Republican, reached the mandatory retirement age. To avoid appointing a Republican to the highest judicial position in the state, Democratic governor Jon Corzine instead elevated Associate Justice James R. Zazzali , a Democrat, to the chief justice position and appointed a Republican to fill the seat Zazzali had occupied. When Zazzali reached

440-508: A five-factor test to assess whether a recorded interrogation is admissible. In Abbott v. Burke (1981), or Abbott I , which was filed on behalf of students of the most depressed school districts, the Court decided that a single test must be applied statewide to determine if students were getting the constitutionally mandated education. Also, the Abbott districts are given state aid to match

495-422: A lower expectation of privacy , saying in its noted ruling that "school officials need not obtain a warrant before searching a student who is under their authority." In re Quinlan 355 A.2d 647 concerned the right to die of Karen Ann Quinlan, who was in a persistent vegetative state following prolonged respiratory failure . Her parents (and legal guardians) requested to have her ventilator removed, which

550-610: A porch and the interior follows a central hall plan . New Jersey Senate Minority The New Jersey Senate is the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council . There are 40 legislative districts, representing districts with an average population of 232,225 (2020 figure). Each district has one senator and two members of

605-533: A private organization it could choose its own membership although it had placed advertisements in local newspapers and magazines. In State ex rel. T. L. O. , 463 A. 2d 934 (1983) the court decided, against two lower courts, that a search of a student's purse without a warrant was unreasonable . This was appealed as New Jersey v. T. L. O. 469 U.S. 325 (1985), wherein the United States Supreme Court ruled that students and minors have

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660-687: The Massachusetts Supreme Judicial Court and the United States Court of Appeals for the Third Circuit reaching similar decisions and state supreme courts in Indiana and Pennsylvania deciding the opposite. In State v. Driver (1962), the Court held that a sound recording of an interrogation of a defendant can only be admitted into evidence if it is competent and relevant. The Court introduced

715-553: The New Jersey General Assembly , the lower house of the legislature. Prior to the election in which they are chosen, senators must be a minimum of 30 years old and a resident of the state for four years to be eligible to serve in office. From 1844 until 1965 (when the Reynolds v. Sims US Supreme Court decision mandated all state legislators be elected from districts of roughly equal population), each county

770-610: The chief justice . 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

825-741: 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 also 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

880-415: The Court as a whole may notify the governor. The governor then appoints a three-member commission and, depending on their decision, may force them to retire. By tradition, a partisan balance is maintained on the Supreme Court, with the sitting governor permitted to arrange his appointments so that his party has a one-seat advantage. The tradition of partisan balance can influence the governor's selection of

935-479: The Court decided in State of New Jersey v. Andrews , by a 4–3 vote, that a court order compelling a defendant to provide the passwords to his cell phones to the police did not violate either federal or state protections against compelled disclosure of potentially self-incriminating information. This ruling contributed to a growing split in how federal and state courts have addressed the issue of compelled decryption, with

990-672: The Court ruled that Clearview did not violate students' free speech rights under the First Amendment or the New Jersey State Constitution . Dale v. Boy Scouts of America ( 160 N.J. 562 (1999)) concerned the right of the Boy Scouts of America organization to expel a member for declaring himself to be homosexual . James Dale, the plaintiff, was a member of the organization for some years before he made his orientation public. Upon discovering this,

1045-547: The General Assembly—but before the Senate renders a verdict on the charges—the justice may not exercise any official function. By virtue of accepting a position in the Executive or Legislative branches of government or becoming a candidate for political office, a justice is considered as resigned from the bench. Should a justice or judge become "incapacitated" to the point at which they can no longer continue in office,

1100-557: 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, resign, 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, one of whom serves as

1155-630: 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 (and all state judges in New Jersey) serve for an initial term of seven years. After their initial term,

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1210-471: The New Jersey Assembly and Senate were allowed to serve in either chamber, as well as any other government positions they might have held at the time, although those who were still doing so as of 2008 ended up getting " grandfathered ": Senators: Senatorial courtesy is a senate tradition that allows home county legislators to intercede to prevent consideration of a local resident nominated by

1265-449: The Senate now serves as acting governor only in the absence of both the governor and lieutenant governor. For example, Nicholas Scutari became acting governor of New Jersey on June 4, 2022, as both Governor Phil Murphy and Lieutenant Governor Sheila Oliver were out of state on personal trips. He again became acting governor on July 31, 2023 when Murphy was out of state and Oliver was in the hospital due to an illness, from which she died

1320-451: 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 . It has the sole authority to prescribe and amend court rules and regulate the practice of law, and it is the arbiter and overseer of the decennial legislative redistricting . One of its former members, William J. Brennan Jr. , became an associate justice of

1375-528: 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 currently constituted, the court replaced the prior New Jersey Court of Errors and Appeals , which had been the highest court created under the Constitution of 1844. Now, the Supreme Court hears appeals from the Appellate Division and, on rare occasions, other cases from within

1430-588: The United States Constitution in 1865. The Court has delivered many cases concerning the rights of individuals, in many cases reading them expansively: In its 1966 decision in Clover Hill Swimming Club , Inc. v. Robert F. Goldsboro and Division on Civil Rights (47 N.J. 25; 219 A.2d 161; 1966 N.J. LEXIS 180), the court ruled against the club, which had denied membership to an African-American . The club claimed that as

1485-420: The age of 70 less than a year later, Corzine was able to nominate a Democrat, Attorney General and former federal prosecutor Stuart Rabner , to serve as chief justice. The state Senate confirmed Rabner on June 21, 2007, and he was sworn in as chief justice eight days later. Traditionally in New Jersey, the governor re-submits for tenure the justices whose initial terms have expired, Governor Chris Christie ,

1540-480: The bench, judges are not permitted to practice law or earn money from any other source. A majority of the General Assembly may pass articles of impeachment against a justice, which the Senate will then try . Only a two-thirds majority will convict, and the Senate may punish a convicted justice with only removal from office and prohibition on holding future office. After a justice has been impeached by

1595-486: The case for further trial after finding that expert testimony regarding the defense's submission that Kelly suffered from battered woman syndrome was incorrectly excluded, as the syndrome was a proper subject for expert evidence despite being a new field. In Democratic Party v. Samson, 814 A.2d 1028 (2002), the Court allowed the state Democratic Party to change their candidate for the upcoming federal Senate race from Robert Torricelli to Frank Lautenberg despite

1650-492: The constitutionality of slavery in the state was challenged on the grounds that the first article of the first section of the newly passed (1844) state constitution ("All men are by nature free and independent...") precluded it. The court by two to one (with one absence), rejected this stating that "the constitution has not ... abolished slavery." Slavery was abolished nationwide by the Thirteenth Amendment to

1705-604: The current supreme court or its inferior courts. Under the colonial constitution of 1776, the upper house of the legislature (which was styled the Legislative Council ) 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 also mentioned, but no indication of its duties was given, only term limits of its judges (seven years). As time progressed and political philosophies changed, people took issue with numerous parts of

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1760-678: The director of the New Jersey Division of Civil Rights, to replace LaVecchia. Apter was blocked for 14 months by Republican Senator Holly Schepisi by a process called senatorial consent (similar to the blue slip process for federal judgeships), and was only allowed to move forward after two more justices, Barry T. Albin and Faustino J. Fernandez-Vina , had reached retirement age in the interim and Murphy nominated Republican Douglas M. Fasciale to succeed Fernandez-Vina. Both Apter and Fasciale were confirmed on October 17, 2022. The principle of judicial review in New Jersey

1815-737: The district BSA council revoked his membership. Dale sued for violating the New Jersey Law Against Discrimination , which the court unanimously agreed applied to the BSA. The U.S. Supreme Court reversed in Boy Scouts of America v. Dale , 530 U.S. 640 (2000), a 5–4 decision. Apprendi v. New Jersey , a later ruling, was also overruled. In a 4–2 vote in 2000, the court struck down a law signed by Governor Christine Whitman requiring parental notification when abortions were performed on minor children. The court held that

1870-481: The districts had to equally take on the required load of housing, and that ex clusionary zoning was illegal. These requirements are now commonly referred to as the Mount Laurel Doctrine . State v. Kelly , 91 N.J. 178 (1984), is a Supreme Court case where the defendant, Gladys Kelly, was on trial for allegedly murdering her husband, Ernest Kelly, with a pair of scissors. The Supreme Court reversed

1925-630: The event of a gubernatorial vacancy, the New Jersey Constitution had specified that the President of the Senate (followed by the Speaker of the New Jersey General Assembly ) would assume the role of Acting Governor and retain their role in the Senate (or Assembly). An Acting Governor would then assume the governorship while retaining their role in their house of the legislature. The lieutenant governor of New Jersey took office for

1980-448: The first time on January 19, 2010, following an election with the governor of New Jersey . The position was created as the result of a constitutional amendment to the New Jersey State Constitution passed on November 8, 2005. While the amendment itself took effect as of January 17, 2006, and made some interim changes to the succession to the governorship, the first lieutenant governor was not elected until November 3, 2009. The President of

2035-449: The following day. Oliver's death led Scutari to serve as acting lieutenant governor until the vacancy was officially filled on September 8, 2023, when Tahesha Way was sworn in. 40°13′07″N 74°45′51″W  /  40.21869°N 74.76429°W  / 40.21869; -74.76429 New Jersey Supreme Court The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey . In its current form,

2090-619: The full Senate, and on August 27, 2020, the Senate voted 39–0 to confirm her to the Court. Pierre-Louis assumed office on September 1, 2020. Also in June 2020, Murphy announced his intention to nominate Justice Faustino Fernandez-Vina for tenure. On October 29, 2020, the Senate voted 34–0 to grant Fernandez-Vina tenure. On March 8, 2021, Justice Jaynee LaVecchia announced that she would retire on August 31, 2021, more than three years before her mandatory retirement date. A week later, Murphy announced his intention to nominate Rachel Wainer Apter ,

2145-497: The governor for a position that requires Senate confirmation. Any of the senators from the nominee's home county can invoke senatorial courtesy to block a nomination, temporarily or permanently, without any obligation to justify the basis of their actions. Governor Corzine nominated Stuart Rabner on June 4, 2007, to be the next Chief Justice of the New Jersey Supreme Court , replacing James R. Zazzali , who

2200-506: The judicial and administrative system directly, by order of the Court. Until the Constitution of 1947, the Supreme Court was an intermediate court. Under the two previous New Jersey state constitutions (1776 and 1844), 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

2255-481: The legislature must change state law, within 180 days, to afford equal protection to same-sex couples, via marriage, or an identical substitute, such as civil unions. The New Jersey Legislature responded by enacting civil unions. This case was the basis for a New Jersey Superior Court ruling that led to the legalization of same-sex marriage in New Jersey in Garden State Equality v. Dow . In 2020,

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2310-472: The nature of her concerns, though anonymous lawmakers cited in The New York Times indicated that the objection was due to Rabner's race and Governor Corzine's failure to consider a minority candidate for the post. Also in June 2007, Loretta Weinberg used senatorial courtesy privileges to hold up consideration of a new term in office for Bergen County Prosecutor John Molinelli. Until 2010, in

2365-520: The officials at the hospital refused to do. The court ultimately ruled in her parents' favor. She continued to live without artificial respiration for several years afterwards. In 1988, the Court ruled in In re Baby M (537 A.2d 1227, 109 N.J. 396) that the surrogate mother of Baby M , despite previous rulings denying her custody, was entitled to visitation rights. In Desilets v. Clearview Regional Board of Education (647 A.2d. 150, 137 N.J. 585 (1994)),

2420-467: The one deemed "more qualified," who will then 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 closely to the requirements of

2475-503: The operating budget of the richer districts. Since then there have been seven " Abbott cases", many of which ended with the court finding the New Jersey Legislature 's latest educational acts unconstitutional. In 1975 and 1983, two cases, both named Southern Burlington County N.A.A.C.P. v. Mount Laurel Township , were decided by the Court. The Constitution was interpreted to require that zoning authorities institute inclusionary zoning of their land to create affordable housing, that

2530-411: The original constitution: It was hastily thrown together, used property qualifications for enfranchisement, contained scant guarantees of freedoms , was unamendable, and freely intermingled the three branches of government. Under the current (1947 and amended) constitution, the highest court in the state is the Supreme Court. It does not have original jurisdiction ; instead, it hears appeals, oversees

2585-504: The privacy rights of the minors were paramount and were guaranteed by New Jersey's state constitution. The court's 2006 decision in Caballero v. Martinez concerned an illegal immigrant , Victor Manuel Caballero, who was injured during an accident while riding in an uninsured vehicle driven by an unlicensed person . The Unsatisfied Claim and Judgment Fund , set up to cover injuries by uninsured drivers , refused to compensate him as he

2640-493: The state's court system, and regulates the legal profession within the state. Normally, 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: The court serves as

2695-402: Was an electoral district electing one senator. Under the 1844 Constitution, the term of office was three years, which was changed to four years with the 1947 Constitution. Since 1968 the Senate has consisted of 40 senators, who are elected in a 2-4-4 cycle. Senators serve a two-year term at the beginning of each decade, with the rest of the decade divided into two four-year terms. The 2-4-4 cycle

2750-462: Was founded in 1917 and bought the house and turned it into a clubhouse in 1921. The club used the COVID19 shutdown in 2020 to catch up with repairs. Today, it offers programming including book clubs, panel discussions, tango classes, and a mom's group. The Italianate style villa has bracketed eves and three bays. A central pavilion forms the middle projecting bay. The entire front of the house has

2805-412: Was nearing mandatory retirement age. Shortly after the nomination, two members of the Senate from Essex County , where Rabner resides, blocked consideration of his confirmation by invoking senatorial courtesy. State Senator Ronald Rice had initially blocked the nomination, but relented on June 15, 2007, after a meeting with the governor. Nia Gill dropped her block on June 19, 2007, but did not explain

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2860-522: Was not a legal resident. The Court on hearing his case overruled two lower courts and declared Caballero to be entitled to compensation from the fund, stating that "a person may be a 'resident' even if the intent to remain ultimately is not realized". Previously an individual who had lived five months with relatives was not a resident with respect to the Fund. In 2006, the Court decided in Lewis v. Harris that

2915-435: Was put into place so that Senate elections can reflect the changes made to the district boundaries on the basis of the decennial United States Census . If the cycle were not put into place, then the boundaries would sometimes be four years out of date before being used for Senate elections. Rather, with the varied term, the boundaries are only two years out of date. Thus elections for Senate seats take place in years ending with

2970-505: Was sworn into a seat on the Court, replacing Rivera-Soto, on September 1, 2011. An impasse between Christie and the Democratic State Senate resulted in longstanding vacancies, and the rejection or refusal to consider several Christie nominees. On May 21, 2014, a compromise was reported under which the Governor agreed to re-appoint Chief Justice Rabner, and the Senate agreed to consider the nomination of Judge Lee Solomon,

3025-477: Was the result of then Chief Justice David Brearley 's opinion in Holmes v. Walton (argued 1779, decided 1780). While the case was decided against the plaintiff , the court's consideration of the matter asserted its ability to determine constitutionality. This was followed by the federal Supreme Court 's case of Marbury v. Madison . In State v. Post and State v. Van Beuren 20 N.J.L. 368, decided together,

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