Lawyers argued before the New Jersey Supreme Court on April 28 over whether the chief justice has the authority under the state’s constitution to recall retired judges to active service to help handle case loads that increase year after year.

Article VI of the state constitution, the judiciary article, states that judges and justices “shall be retired upon attaining the age of 70 years.” However, a portion of the Judicial Retirement System Act, N.J.S.A. 43:6A-13(b), permits the chief justice to recall judges to serve on temporary service after they have retired.

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