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Bill > ACR52
NJ ACR52
NJ ACR52Proposes constitutional amendment to eliminate judicial review of arbitration rulings in disputes between Judiciary and county concerning court facilities.
summary
Introduced
01/09/2024
01/09/2024
In Committee
01/09/2024
01/09/2024
Crossed Over
Passed
Dead
Introduced Session
2024-2025 Regular Session
Bill Summary
This constitutional amendment would eliminate the authority of the New Jersey Supreme Court to review and change arbitrators' decisions in cases involving courthouse facility disputes between the Judiciary and county governing bodies. Under current law, the counties are responsible for the costs of construction and renovation of courthouse facilities. In some instances, disputes arise between the counties and the Judiciary concerning factors such as the design or construction of specific facilities. The Rules of Court provide that a dispute between the county governing body and the Judiciary can be submitted to arbitration, at the request of either party. According to the Rules of Court, the decision of the arbitrator is subject to review by the Supreme Court and can be vacated, modified or corrected if the court determines that "the decision fails to balance the needs and interest of the county and the Judiciary in a fair manner." Effectively, this means that the Judiciary can overturn a decision in which the Judiciary is a party based upon the Constitutional authority of the Supreme Court over "practice and procedure" in the State courts. Adoption of this amendment would end the Supreme Court's ability to overturn the arbitrators' decision.
AI Summary
This concurrent resolution proposes a constitutional amendment that would eliminate the New Jersey Supreme Court's ability to review, modify, or overturn arbitration decisions in disputes between county governing bodies and the Judiciary regarding court facilities. Currently, when disagreements arise about budgetary costs or other aspects of courthouse construction and renovation, either party can request arbitration, and the Supreme Court has the power to review and potentially change the arbitrators' ruling if it determines the decision does not fairly balance the needs of the county and the Judiciary. The proposed amendment would make the arbitrators' decisions final and binding, removing the Supreme Court's constitutional authority to intervene in such cases. If approved by the legislature and voters in a general election, this change would fundamentally alter how courthouse facility disputes are resolved, giving arbitrators' decisions conclusive weight and preventing judicial review of their rulings.
Committee Categories
Justice
Sponsors (3)
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)
Official Document
bill text
bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/ACR52 |
| BillText | https://pub.njleg.gov/Bills/2024/ACR/52_I1.HTM |
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