SENATE RESOLUTION No. 132
STATE OF NEW JERSEY
215th LEGISLATURE
INTRODUCED DECEMBER 19, 2013
Sponsored by:
Senator KEVIN J. O'TOOLE
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Abolishes practice of senatorial courtesy for gubernatorial nominations to be
Supreme Court Justices by establishing deadline for Senate consideration of
such nominations.
CURRENT VERSION OF TEXT
As introduced.
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A SENATE RESOLUTION amending Senate Rules 20:1 and 20:3.
BE IT RESOLVED by the Senate of the State of New Jersey:
1. Rule 20:1 is amended to read as follows:
20:1.
Reference to Committee; Timeframe
Consideration of Supreme Court Nominations.
for
When nominations are made by the Governor and submitted to
the Senate, they shall, unless otherwise ordered by the Senate
President, be referred to the Judiciary Committee. If referred to
another appropriate committee, they shall receive a second
reference to the Judiciary Committee.
Any judicial nomination to be the Chief Justice or an Associate
Justice of the Supreme Court shall, in accordance with Rule 20:3,
be confirmed or rejected by the Senate in public session within 90
days after the nomination has been received by the Senate, or, if the
Senate is in temporary adjournment on the 90th day, be confirmed
or rejected by the Senate in public session on the first day it next
reconvenes, unless the nomination has already been recommended
for rejection by the Judiciary Committee pursuant to the
committee’s vote in accordance with Rule 20:2. If the Senate fails
to act on the nomination within the applicable timeframe, the
nomination shall be deemed approved by the Senate.
2. Rule 20:3 is amended to read as follows:
20:3.
Voting.
The final question to be placed before the Senate in public
session on every nomination shall be, "Will the Senate advise and
consent to this nomination (or these nominations, if more than one is
to be voted on by a single roll call)?" For any judicial nomination to
be the Chief Justice or an Associate Justice of the Supreme Court,
this question shall be considered within 90 days after the nomination
has been received by the Senate, or, if the Senate is in temporary
adjournment on the 90th day, shall be considered on the first day it
next reconvenes, unless the nomination has already been
recommended for rejection by the Judiciary Committee pursuant to
the committee’s vote in accordance with Rule 20:2. This question
shall not be considered on the same day [the] that any nomination is
received, or on the day it is reported by Committee, unless the Senate
shall so resolve by the affirmative vote of at least 30 Senators. The
affirmative vote of at least 21 Senators is necessary to advise and
EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
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consent to any nomination. The President may call for a single roll
call on more than one nomination unless a Senator requests a separate
roll call on particular nominations. The names of the Senators voting
for and against the nomination and the report, if any, of the Senate
Judiciary Committee with respect to the nomination, shall be entered
in the Journal. Notwithstanding any of the provisions of this rule,
consideration of the question whether the Senate will advise and
consent to the nomination of any person for the office of Attorney
General or Secretary of State, may be considered on the same day the
nomination is received from the Governor.
STATEMENT
This resolution amends the Senate Rules to require that
gubernatorial nominations for Chief Justice and Associate Justice of
the Supreme Court be considered for confirmation or rejection by
the Senate within 90 days of receipt of the nomination, or the first
day the Senate next reconvenes if it is in temporary adjournment on
the 90th day, unless the nomination has already been recommended
for rejection by the Judiciary Committee based on that committee’s
vote. If the Senate fails to act on any such judicial nomination
within the applicable timeframe, the nomination would be deemed
approved by the Senate.
By establishing this timeframe for Senate confirmation or
rejection, the resolution would abolish the current practice known
as senatorial courtesy for Supreme Court nominations. Exercised as
a matter of unwritten custom, it is a practice by which each
individual senator who either (1) resides in the same county as a
gubernatorial nominee, or (2) represents that nominee’s district,
may indefinitely block the nominee’s appointment, thereby
preventing any further action by the Senate concerning the
appointment. This practice would only be abolished for the
nominations of the Chief Justice and Associate Justices of the
Supreme Court, and would remain unchanged with respect to all
other gubernatorial nominations subject to the Senate’s advice and
consent.