Note 35 — Chapter XVII · METHODS OF SELECTING AND RETIRING JUDGES

The following extract from the letter of Mr. Charles H. Hartshorne, of Jersey City, N.J., to the author dated November 4, 1912, explains the plan of administering the chancery jurisdiction in New Jersey: “The constitution of New Jersey provides that ‘The Court of Chancery shall consist of a Chancellor.’ The Chancellor is appointed by the Governor with the approval of the Senate, for a term of seven years. He is usually reappointed, though it is an open question whether this office is an exception to the custom that judicial officers of the superior courts shall be reappointed, regardless of their political affiliations, so long as they are capable of giving efficient service. That custom has resulted in our having upon the Bench of the higher courts, judges who have served for very long periods—twenty-five years and upwards.

“A number of years ago, the work of the Court of Chancery having become too great for one judge to dispose of, a statute authorized the appointment by the Chancellor alone (without confirmation by any other authority) of a Vice-Chancellor, as assistant. By further statutes, the number of these was increased to seven. The Court now consists of a Chancellor and seven Vice-Chancellors, who sit separately in different parts of the State. The Vice-Chancellors are appointed for seven-year terms. That Bench is generally regarded as the strongest in the State and has given entire satisfaction to the Bar and to the public.

“The Vice-Chancellors hear interlocutory motions in nearly all cases under a standing rule of the Court, but they conduct trials and final hearings only upon an order of reference from the Chancellor. After trial they write the opinion of the Court, which is usually reported, and advise the decree, which is then signed by the Chancellor. No appeal lies from their decree to the Chancellor, but all such decrees may be appealed directly to the Court of Errors and Appeals.

“Theoretically, the Vice-Chancellors are merely referees who report and advise the Chancellor, the decree being made by him upon their report. In actual practice however, they are members of the Court of Chancery, in fact (but not in form) making the final decree of that Court.

“The system has worked very satisfactorily in respect to the character and attainments of the members of that Bench, but the work of the Court in populous cities is a good deal in arrear. This is due to the volume of business having outgrown the number of Vice-Chancellors.”