New Jersey Working Families State Director Sue Altman issued the following statement in response to a proposed constitutional amendment introduced by Sens. Nick Scutari and Kip Bateman to give the Senate unilateral power to extend judicial terms:

Senators Scutari and Bateman are proposing a constitutional amendment that seriously threatens the independence of New Jersey’s judicial system. It would allow the Senate to unilaterally extend judicial terms past the mandatory retirement age of 70, upsetting the delicate balance of powers envisioned in our state Constitution.

If passed, this amendment would give judges a strong incentive to decide controversial cases in ways that cater to the senators who will decide whether they can remain on the bench.

New Jersey’s Constitution today zealously protects the independence of our state courts. Judges confirmed to a tenured position on the bench can only be removed for misconduct. This frees them to make tough calls in high-stakes cases without having to worry about political fallout.
This type of independence is one of the reasons why our courts, particularly the New Jersey Supreme Court, are considered national leaders in jurisprudence, advancing civil rights issues like fair education funding and affordable housing.

This ill-conceived constitutional amendment represents a direct threat to the concept that the rule of law – and not political considerations – should be the guiding principle animating our legal system.

Judges shouldn’t have to worry about how their decisions will play in the Senate while deciding tough cases on crucial issues like corporate accountability, reproductive freedoms, the environment and civil liberties.

The Legislature should reject this proposal, which represents a serious threat to New Jerseyans’ civil liberties.