The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging the validity of state laws under the state constitution. It has the sole authority to prescribe and amend court rules and regulate the practice of law, and it is the arbiter and overseer of the decennial legislative redistricting. One of its former members, William J. Brennan Jr., became an associate justice of the Supreme Court of the United States.
It has existed in three different forms under the three different state constitutions since the independence of the state in 1776. As currently constituted, the court replaced the prior New Jersey Court of Errors and Appeals, which had been the highest court created under the Constitution of 1844. Now, the Supreme Court hears appeals from the Appellate Division and, on rare occasions, other cases from within the judicial and administrative system directly, by order of the Court.
Previous compositions
Until the Constitution of 1947, the Supreme Court was an intermediate court. Under the two previous New Jersey state constitutions (1776 and 1844), the phrase "Supreme Court" referred to a lower court, similar to the New York Supreme Court. Both the "supreme court" and the actual highest court were composed in a radically different manner from that of the current supreme court or its inferior courts.
Under the 1776 constitution
Under the colonial constitution of 1776, the upper house of the legislature (which was styled the Legislative Council) along with the governor was to be "the Court of Appeals", defined as the court of last resort, similar to the Law Lords of Great Britain. A separate "Supreme Court" was also mentioned, but no indication of its duties was given, only term limits of its judges (7 years). As time progressed and political philosophies changed, people took issue with numerous parts of the original constitution: It was hastily thrown together, used property qualifications for enfranchisement, contained scant guarantees of freedoms, was unamendable, and freely intermingled the three branches of government.
Jurisdiction
Under the current (1947 and amended) constitution, the highest court in the state is the Supreme Court. It does not have original jurisdiction; instead, it hears appeals, oversees the state's court system, and regulates the legal profession within the state.
Normally, an appeal from one of the trial divisions of the New Jersey Superior Court goes to the Appellate Division of that court. Thereafter, it may be brought before the Supreme Court if a statute provides that the case may go to that court, or if it meets one or more of the following five requirements: as of right if the case involves a question of constitutionality; as of right if an Appellate Division judge dissented from that court's ruling; formerly, as of right if the case involved capital punishment (now abolished in New Jersey); at the Supreme Court's discretion, when the Supreme Court grants certification; or by operation of law if the case involves the drawing of political boundaries (see below).
Political functions
The court serves as a de facto tie-breaker in case the twelve-member New Jersey Redistricting Commission fails to come to an agreement on who the 13th independent tie-breaking member will be, following the decennial United States Census. If the commission reports ("certifies") to the court that it is evenly divided, the commission may nominate two people to become an independent 13th member. The court appoints the one deemed "more qualified," who will then break the tie.
If the Commission still cannot reach a 7–6 majority in favor of a final redistricting configuration, the two district plans receiving the greatest number of votes, but not fewer than five votes, are submitted to the Supreme Court, which selects and certifies whichever of the two plans so submitted conforms most closely to the requirements of the Constitution and laws of the United States.
In the case of the Apportionment Commission for state legislative districts, the Chief Justice alone gets to pick the final 11th member of the commission. The court also acts as final arbiter of the inability or absence of the Governor or Lieutenant Governor, following a declaration by the Legislature. As in federal impeachment trials, in case of impeachment of the Governor, the Chief Justice presides.