New Jersey 2022-2023 Regular Session

New Jersey Senate Bill SCR99

Introduced
3/7/22  

Caption

Proposes constitutional amendment to eliminate judicial review of arbitration rulings in disputes between Judiciary and county concerning court facilities.

Impact

The proposed amendment specifies that once arbitration has taken place and a ruling is made, that decision will be final and binding, with no possibility of review by the Supreme Court. This significant change aims to clarify the authority and finality of arbitration decisions in these disputes, thereby potentially reducing prolonged legal processes regarding courthouse facility management. Supporters argue that it would promote fiscal accountability by preventing undue interference from the Judiciary in county financial matters.

Summary

SCR99 proposes an amendment to the New Jersey Constitution that seeks to eliminate judicial review over arbitration rulings in disputes between the Judiciary and county governments concerning court facilities. Currently, under New Jersey law, when a dispute arises about costs associated with courthouse facilities, it can be resolved through arbitration, but the Supreme Court has the authority to review and potentially alter the arbitrators' decisions. This can create a scenario where the Judiciary might effectively overturn a decision that affects its own operations.

Conclusion

Should SCR99 pass, it will be presented to the public in a general election for voting. The interpretative statement clarifies the implications of a 'yes' or 'no' vote, emphasizing the importance of the amendment in shaping future arbitrations involving courthouse facilities. This amendment seeks not only to streamline the process but also to fortify the role of counties in the financial aspects of court infrastructure.

Contention

Notably, the bill highlights a contention surrounding the balance of power between the Judiciary and county governments. Proponents believe that eliminating judicial oversight of arbitration will enhance local control and expedite resolutions concerning court facility disputes. However, critics may argue that this could undermine judicial checks and balances, raising concerns about the fairness and accountability of arbitration decisions, especially when the Judiciary is directly involved in these matters.

Companion Bills

NJ ACR56

Same As Proposes constitutional amendment to eliminate judicial review of arbitration rulings in disputes between Judiciary and county concerning court facilities.

Previously Filed As

NJ ACR56

Proposes constitutional amendment to eliminate judicial review of arbitration rulings in disputes between Judiciary and county concerning court facilities.

NJ ACR52

Proposes constitutional amendment to eliminate judicial review of arbitration rulings in disputes between Judiciary and county concerning court facilities.

NJ SCR16

Proposes constitutional amendment authorizing statute transferring probation functions from Judiciary to State Parole Board.

NJ SCR39

Proposes constitutional amendment authorizing statute transferring probation functions from Judiciary to State Parole Board.

NJ ACR161

Proposes constitutional amendment authorizing statute transferring probation functions from Judiciary to State Parole Board.

NJ SCR115

Proposes constitutional amendment to broaden powers of the Council on Local Mandates.

NJ ACR17

Proposes constitutional amendment to broaden powers of the Council on Local Mandates.

NJ ACR18

Proposes constitutional amendment to broaden powers of the Council on Local Mandates.

NJ SB0098

Judiciary Amendments

NJ S672

Grants county governing body final authority to determine expenditures for courtroom facilities.

Similar Bills

LA SB177

Constitutional amendment to increase the non-lawyer membership of and provide for the selection judiciary commission members and to require investigations be conducted by directive of the supreme court. (2/3 - CA13s1(A)) (EN +$7,115 GF EX See Note)

NJ ACR56

Proposes constitutional amendment to eliminate judicial review of arbitration rulings in disputes between Judiciary and county concerning court facilities.

NJ ACR52

Proposes constitutional amendment to eliminate judicial review of arbitration rulings in disputes between Judiciary and county concerning court facilities.

NJ ACR161

Proposes constitutional amendment authorizing statute transferring probation functions from Judiciary to State Parole Board.

NJ SCR16

Proposes constitutional amendment authorizing statute transferring probation functions from Judiciary to State Parole Board.

NJ SCR39

Proposes constitutional amendment authorizing statute transferring probation functions from Judiciary to State Parole Board.

LA SR207

Requests the Louisiana Supreme Court to take all action necessary to protect the importance of the judicial branch as a separate branch of government and the independence of the judiciary in performing powers and duties pursuant to the federal and state constitutions.

LA HB90

(Constitutional Amendment) Provides relative to documents and proceedings of the judiciary commission