New Jersey Assembly Bill ACR56

New Jersey 2022-2023 Regular Session

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

Caption

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

Impact

The intent behind ACR56 is to clarify and streamline the process of dispute resolution between county governments and the Judiciary regarding court facilities. Supporters of this amendment argue that it will provide a clearer framework for resolving funding disputes, effectively reducing delays and improving efficiency in managing court facilities. By removing the power of judicial review, the amendment seeks to bolster the validity of arbitrators' decisions, ensuring that the financial responsibilities of counties for court-related expenses are upheld without the possibility of subsequent judicial modification.

Summary

ACR56 proposes an amendment to the New Jersey Constitution aimed at eliminating judicial review of arbitration rulings in disputes between the Judiciary and county governments concerning court facilities. This amendment would amend Article VI of the New Jersey Constitution by adding a new section that dictates that when disputes arise regarding budgetary costs related to court facilities and are referred to arbitration, the decisions made by arbitrators would be deemed final and binding. This means that the Supreme Court of New Jersey would no longer have the authority to review or alter these arbitration decisions, thus preempting the Judiciary's ability to influence these outcomes.

Contention

However, the proposal is not without controversy. Critics argue that removing the Supreme Court's review powers raises concerns about accountability and fairness in the arbitration process. They fear that this could lead to potential biases from arbitrators, as their decisions would be shielded from higher scrutiny. Opponents also express worries that the amendment could disproportionately favor county governments at the expense of judicial needs, complicating the overall balance of power between the Judiciary and local governing bodies. As such, the debate surrounding ACR56 highlights significant tensions regarding judicial authority and the role of arbitration in resolving governmental disputes.