Statement of Chief Justice Stuart Rabner on Supreme Court Vacancy

“Under the State Constitution and the rules of the Court, the Chief Justice has discretion to assign the Appellate Division judge who is senior in length of service to serve temporarily in the Supreme Court. See N.J. Const. art. VI, § 2, ¶ 1; R. 2:13-2(a).

Since the adoption of the 1947 Constitution, Governors have abided by the tradition that no more than four members of the Supreme Court can be affiliated with a single political party. In keeping with that valued tradition, I am not assigning an additional member of the Appellate Division to fill the vacancy created by Justice Fernandez-Vina’s mandatory retirement. The Court will continue to operate with six members.”