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29 Rutgers L.J. 675 (1997-1998)
Foreword: Celebrating Fifty Years of Judicial Reform under the 1947 New Jersey Constitution

handle is hein.journals/rutlj29 and id is 705 raw text is: FOREWORD: CELEBRATING FIFTY YEARS OF JUDICIAL
Justice Stewart G. Pollock*
Celebrating an anniversary, whether of a marriage, an historic event, or
a constitution, gives cause to pause and look both backward and forward.
The celebration becomes part of a dynamic process.
I commend the Rutgers-Camden Law School and the Institute for
Continuing Legal Education for providing the occasion to honor those who
fought for the adoption of the 1947 Constitution and to reflect on the
continuing relevance of the constitution in 1997.
In this celebration of the fiftieth anniversary of the 1947 Constitution, I
shall focus on article VI, the Judicial Article. Consequently, I shall not
discuss the articles pertaining to the other two branches. In a system based
on the separation of powers, however, a discussion of one branch entails
consideration of the other branches.
Several themes will emerge from my remarks. First, the story of the
New Jersey Constitution is a drama, with heroes, villains, plots, and
counterplots. A second theme focuses on three words, subject to law, in
article VI, section 2, paragraph 3.1 These words help define the relationship
between the Judiciary and the Legislature. Finding a home for those words
and giving them meaning created the most dramatic scene in the life of the
Judicial Article, the case of Winberry v. Salisbury.2 In the wake of the
Winberry decision, the tension between the Judiciary and the Legislature
shifted to determining which body had the power to adopt rules of evidence.
Third, judicial reform has progressed from revolution to evolution, with
t   This is an extended, footnoted version of The Annual State Constitutional Law
Lecture, given on October 23, 1997, at the Institute for Continuing Legal Education Program:
To Govern A State-A Celebration of the 50th Anniversary of the New Jersey State
*   Associate Justice, New Jersey Supreme Court. B.A. 1954, Hamilton College; LL.B.
1957, New York University School of Law; LL.M. 1988, University of Virginia.
1. N.J. CONST. art. VI, § 2,   3 (The Supreme Court shall make rules governing the
administration of all courts in the State and, subject to law, the practice and procedure in all
such courts. The Supreme Court shall have jurisdiction over the admission to the practice of
law and the discipline of persons admitted.) (emphasis added).
2. 5 N.J. 240, 74 A.2d 406 (1950).

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