About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

53 Rutgers L. Rev. 1 (2000-2001)
Reinforcing New Jersey's Bench: Power Tools for Remodeling Senatorial Courtesy and Refinishing Judicial Selection and Retention

handle is hein.journals/rutlr53 and id is 11 raw text is: RUTGERS LAW REVIEW
VOLUME 53                       Fall 2000                    NUMBER 1
Robert J. Martin*
Although New Jersey has been widely acclaimed for the quality of
its judiciary, it has endured persistent criticism about the process of
judicial selection. Much of this criticism has been directed at the
manner in which state senators have exercised their constitutional
right of advice and consent of gubernatorial nominations, thus
enabling them to assist allegedly less than qualified candidates and
inhibit highly qualified candidates in obtaining appointment to the
state superior court. In this Article, Robert J. Martin, a member of
the Senate Judiciary Committee, discusses the way in which the
practice referred to as senatorial courtesy operates, the problems it
creates, and some strategies to reduce its negative impact. Senator
Martin does not contend that this practice can be abolished, since
that would require senators to voluntarily give up a significant part
of their inherent power. Senator Martin does assert, however, that
* Professor and Director of the Center of State and Local Government Law,
Seton Hall University School of Law. B.A., Dickinson College; M.A., Lehigh Univer-
sity; J.D., Seton Hall University; LL.M., New York University. Since 1993, the author
has served as a New Jersey state senator and member of the Senate Judiciary Com-
mittee, the committee responsible for reviewing gubernatorial nominations prior to
their submission to the full Senate for confirmation. The author wishes to thank David
Anderson, Director, Office of Professional and Governmental Services, Administrative
Office of the Courts, State of New Jersey, for providing much valued insight into the
process of judicial selection and retention. The author also wishes to thank the Honor-
able Stewart G. Pollock, retired Justice of the New Jersey Supreme Court, and John B.
Wefing, Richard J. Hughes Professor of Constitutional and Public Law at Seton Hall
Law School, for reviewing earlier drafts of this Article. The author especially thanks
Robert Hornby, Seton Hall Law School 2000, for his diligent research assistance on
this project.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most