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Current as of January 01, 2024 | Updated by Findlaw Staff
When this amendment to the Constitution providing for the abolition of the County Courts takes effect:
(a) All the jurisdiction, functions, powers and duties of the County Court of each county, the judicial officers, clerks, employees thereof, and the causes pending therein, and their files, shall be transferred to the Superior Court. Until otherwise provided by law, the judicial officers, surrogates and clerks of the County Courts and the employees of said officers, clerks, surrogates and courts, shall continue in the exercise of their duties as if this amendment had not been adopted. For the purposes of this paragraph, a cause shall be deemed to be pending notwithstanding that an adjudication has been entered therein, provided the time limited for appeal has not expired or the adjudication reserves any party the right to apply for further relief.
(b) All the functions, powers and duties conferred by the statute, rules or otherwise, upon the judges of the County Courts, shall be transferred to and may be exercised by judges of the Superior Court until otherwise provided by law or rules of the Supreme Court.
(c) Until otherwise provided by law, all county clerks shall become clerks of the Law Division of the Superior Court and all surrogates shall become clerks of the Chancery Division (Probate Part) of the Superior Court for their respective counties and shall perform such duties and maintain such files and records on behalf of the Clerk of the Superior Court as may be required by law and rule of court; and all fees payable to the county clerks and surrogates prior to the effective date of this amendment shall continue to be so payable and be received for the use of their respective counties until otherwise provided by law.
(d) The judges of the County Courts in office on the effective date of this amendment shall be judges of the Superior Court. All such judges who had acquired tenure on a County Court shall hold office as a judge of the Superior Court during good behavior, with all rights, and subject to all the provisions of the Constitution affecting a judge of the Superior Court, as though they were initially appointed to the Superior Court. All other judges of the County Courts shall hold office as judges of the Superior Court, each for the period of his term which remains unexpired on the effective date of this amendment; and if reappointed, he shall hold office during good behavior, with all the rights and subject to all the provisions of the Constitution affecting a judge of the Superior Court as though he were initially appointed to the Superior Court.
Cite this article: FindLaw.com - The New Jersey Constitution of 1947 (Annotated) Art. XI, § VI - last updated January 01, 2024 | https://codes.findlaw.com/nj/the-new-jersey-constitution-of-1947-annotated/nj-const-art-11-sect-6/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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