Judicial Vacancies Reach Crisis Level

In a stunning statement released by Chief Justice Stuart Rabner, the judiciary announced that it is suspending all civil and matrimonial trials in two vicinages, which collectively comprise six counties—three in central New Jersey and three in southern New Jersey. The chief justice hinted that other vicinages could be added to the list in the near future.

The cause of this dramatic action is the number of judicial vacancies, which has reached historic levels. As of the date of the chief justice’s statement, there were 69 trial court vacancies—roughly one out of every six positions statewide. (This does not include the current vacancy on the Supreme Court, which has gone unfilled for several months.) As the chief justice explained, “there are simply not enough judges at this time to conduct civil and matrimonial trials” in the two affected vicinages.

We have previously noted on this page that the level of vacancies was a matter of critical concern, but it has now become a full-blown crisis. And yet the solution is as clear as the gold dome at the State House: The governor has to nominate, and the Senate must confirm, a sufficient number of qualified judicial candidates—and they must do so without further delay. To again echo the chief justice, “when the doors of the courthouse are closed—even partially—people entitled to their day in court suffer real harm.”

It used to be that governors considered their judicial appointments to be a central of part of their legacies and did not hesitate to engage the Senate in confirming slates of judges to the Superior Court and especially justices for the Supreme Court. We are experiencing an odd period in history in which such nominations do not seem to command the gubernatorial urgency that they once did.

According to the governor’s office, there are 17 pending nominations awaiting confirmation. That is a fraction of the 69 seats needed to be filled. Still, the Senate should move on those names on an expedited basis. We have heard current leaders of the Senate suggest that they are trying their best to confirm the governor’s existing nominees, to which we respectfully say: Try harder.

We urge both the executive and legislative branches to address this alarming situation before the harm to the system becomes irreparable. In his statement, the chief justice offered to assist the other branches “in any way that would be helpful.” We are not sure what form of judicial assistance is meant by that offer, other than perhaps to sound the alarm, which the judiciary has now done. Indeed, the siren is being heard everywhere except, it seems, at the State House. The time for the governor and Senate to act is now.