The premature termination of Justice Wallace’s distinguished judicial career has temporarily reduced the total number of Justices to six and raised questions about the future composition of the Supreme Court. It does not appear that the Senate will act on the Governor’s nominee to replace Justice Wallace for another two years. Only three members of the bench presently have tenure: Justice Albin, Justice Long and Justice LaVecchia. Justice Long will retire in 2012. Three other Justices are up for reappointment in the next four years: Chief Justice Rabner, 2014; Justice Rivera-Soto, 2011; and Justice Hoens, 2013. Recent events will undoubtedly weigh heavily on each one.
Justice Wallace was clearly entitled to reappointment on the merits. He served with distinction as a trial judge for nearly eight years in the Civil and Criminal Division as well as the Family Part. He was an Appellate Division judge for 11 years before ascending to the High Court in 2003. Justice Wallace wrote over 80 opinions and over 80 published Appellate Division decisions. Justice Wallace was a moderate voice on the Court, carefully approaching each case on its merits and deciding each dispute within the constraints provided by the record below. He was never an ideologue. The Justice wrote a number of opinions in cases involving complex insurance issues and was a major voice in the restrictive interpretation of the Torts Claims Act. Justice Wallace always displayed a seriousness of purpose, pursued a careful, methodical approach to deciding cases and exhibited a sincere humility about his responsibilities. The memory of Justice Wallace’s outstanding judicial career will long outlive the brief but painful controversy surrounding his early exit.
