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4 Rutgers L. Rev. 323 (1949-1950)
Procedure in Lieu of Prerogative Writs

handle is hein.journals/rutlr4 and id is 353 raw text is: PROCEDURE IN LIEU OF PREROGATIVE WRITS (Rule 3:81) MORRIS M. SCHNITZER* The Constitution of 1947 expressly superseded prerogative writs. in lieu thereof, review, hearing and relief shall be afforded in the Superior Court, on terms and in the manner provided by rules of the Supreme Court, as of right, except in criminal causes where such review shall be discretionary. (Art. VI, Sec. V, par. 4.) The Judiciary Committee of the Constitutional Convention, com- menting upon this provision, said: While prerogative writs are eliminated from the practice, the remedies presently available through any of them are pre- served. It will no longer be necessary to obtain advance per- mission from the court to institute a proceeding for prerogative writ relief, except for review of an indictment in advance of the trial. Thus the proceedings and decisions of administrative agencies, now reviewable on a writ of certiorari allowed in the discretion of the court, will be appealable as of right. How- ever, actions brought without substantial merit might be dis- missed on motion, as in other types of cases. Wherever the award of relief, as distinguished from permis- sion to commence the proceedings, is discretionary as a matter of substantive law, that discretion is not disturbed. Where prerogative writs serve as a means of review on ap- peal, apt procedure may be established by rules of court. Pro- ceedings which are in the nature of litigation between private parties might be tried in the fashion prescribed by the rules of court for civil actions generally.' The constitutional .provision was implemented, substantially as con- templated by the Judiciary Committee by Rule 3:81, comprised of 14 sections, establishing the Procedure in Lieu of Prerogative Writs. 1. Report of the Committee on the Judiciary, p. 21. * Member New Jersey Bar; member Board of Editors, NEW JERSEY LAW JoURNAL. [323 1

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