New Jersey Assembly Bill ACR55

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Provides for 5 year terms for Justices of the Supreme Court and for tenure elections for a Justice to receive tenure upon reappointment.

Impact

If passed, ACR55 will notably amend Article VI of the New Jersey Constitution, establishing new term limits for justices while eliminating automatic tenure upon reappointment. Instead, justices will need to secure voter approval during elections following their reappointment. This legislative shift could significantly alter the relationship between justices and the electorate, necessitating justices to campaign for retention—potentially increasing accountability while also injecting a level of partisanship into judicial elections.

Summary

Assembly Concurrent Resolution No. 55 (ACR55) is a proposed constitutional amendment in New Jersey that aims to change the term length and tenure system for justices of the Supreme Court. Under the current law, justices serve an initial term of seven years and receive tenure upon reappointment by the Governor, contingent upon the advice and consent of the Senate. ACR55 seeks to reduce the initial term to five years and requires that justices must be reappointed and then approved for tenure by voters in a referendum election.

Contention

The bill has drawn attention and could become a point of contention, with arguments for and against it being anticipated. Proponents argue that it enhances accountability of justices to the electorate and allows voters a say in judicial continuity. Conversely, opponents express worries about politicizing the judiciary, fearing that justices might tailor their decisions to appeal to voters rather than adhering strictly to legal principles. This concern raises vital discussions about the foundational independence of the judiciary and its crucial role in upholding the rule of law.