Trenton, N.J. – Assemblyman Christopher P. DePhillips has voiced his opposition to a proposal put forward by Senators Nick Scutari and Raj Mukherji, suggesting the transfer of the appointment authority for appellate court judges from the Judiciary to the governor and senate.
DePhillips, a representative for Bergen County, criticized the proposal as an unnecessary move that lacks a clear public policy justification. The suggested plan involves the elimination of the current appellate division, with the creation of a separate Court of Appeals where the governor would nominate judges for Senate approval.
Critics, including DePhillips, have raised concerns regarding the potential politicization of the selection process and the risk of undermining the judiciary’s independence. DePhillips emphasized the importance of maintaining the long-standing tradition of judicial independence within the appellate division, arguing that experienced Superior Court judges appointed to the appellate division enhance the administration of justice.
The current process, established by the New Jersey Constitution of 1947, involves the governor nominating trial judges, who are vetted and confirmed by the Senate. The state’s Supreme Court chief justice then appoints these trial judges to the appellate division. DePhillips cautioned against hasty constitutional amendments, stating that the proposed changes would require public voting and could unnecessarily increase legislative involvement in the judiciary, potentially jeopardizing the separation of powers.