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53 Rutgers L. Rev. 1 (2000-2001)
Reinforcing New Jersey's Bench: Power Tools for Remodeling Senatorial Courtesy and Refinishing Judicial Selection and Retention

handle is hein.journals/rutlr53 and id is 11 raw text is: RUTGERS LAW REVIEW VOLUME 53 Fall 2000 NUMBER 1 REINFORCING NEW JERSEY'S BENCH: POWER TOOLS FOR REMODELING SENATORIAL COURTESY AND REFINISHING JUDICIAL SELECTION AND RETENTION Robert J. Martin* Although New Jersey has been widely acclaimed for the quality of its judiciary, it has endured persistent criticism about the process of judicial selection. Much of this criticism has been directed at the manner in which state senators have exercised their constitutional right of advice and consent of gubernatorial nominations, thus enabling them to assist allegedly less than qualified candidates and inhibit highly qualified candidates in obtaining appointment to the state superior court. In this Article, Robert J. Martin, a member of the Senate Judiciary Committee, discusses the way in which the practice referred to as senatorial courtesy operates, the problems it creates, and some strategies to reduce its negative impact. Senator Martin does not contend that this practice can be abolished, since that would require senators to voluntarily give up a significant part of their inherent power. Senator Martin does assert, however, that * Professor and Director of the Center of State and Local Government Law, Seton Hall University School of Law. B.A., Dickinson College; M.A., Lehigh Univer- sity; J.D., Seton Hall University; LL.M., New York University. Since 1993, the author has served as a New Jersey state senator and member of the Senate Judiciary Com- mittee, the committee responsible for reviewing gubernatorial nominations prior to their submission to the full Senate for confirmation. The author wishes to thank David Anderson, Director, Office of Professional and Governmental Services, Administrative Office of the Courts, State of New Jersey, for providing much valued insight into the process of judicial selection and retention. The author also wishes to thank the Honor- able Stewart G. Pollock, retired Justice of the New Jersey Supreme Court, and John B. Wefing, Richard J. Hughes Professor of Constitutional and Public Law at Seton Hall Law School, for reviewing earlier drafts of this Article. The author especially thanks Robert Hornby, Seton Hall Law School 2000, for his diligent research assistance on this project.