It's no secret that New Jersey Courts are backlogged, in part due to Covid related closures and other pandemic measures. Without question, the State's ability to execute constitutionally-defined duties ensuring the administration of justice is further hindered when there aren't a full complement of judges available to hear cases. Since securing his re-election in November 2021, Governor Murphy, together with legislative leadership, has dutifully continued filling empty benches within the New Jersey Judiciary.
The process of becoming a judge in New Jersey is quite different than in many other States where judges run for office and are elected by the People directly or nominated through a committee-based process. Instead, NJ judges are appointed by the Governor's office then go through a confirmation process which is similar to how Federal judges are installed.
Article VI Section VI of the New Jersey Constitution charges the executive branch with initiating most judicial nominations by appointment before passing them to the legislative branch - specifically the New Jersey Senate - for confirmation. Municipal judges are appointed by the governor only when the jurisdiction covers more than one municipality. Otherwise they go through a similar process at the local level with appointments coming from the mayor and confirmation by the council. You can read more about municipal judge qualifications here.
Some judicial confirmations happened at the end of the previous legislature when the New Jersey Senate reconvened for a lame duck session after Election Day 2021 (final voting session: January 10, 2022.) Soon, members of the Senate will turn their attention to associate justices appointments of the New Jersey Supreme Court. There is a current vacancy which was created at the end of 2021 by the retirement of Associate Justice Jaynee LaVecchia. On the day of his second inauguration, Governor Phil Murphy announced his intention to renominate Rachel Wainer Apter who was originally nominated to the Court on March 15, 2021, but was not afforded a confirmation hearing prior to the expiration of the nomination at the end of Murphy’s first term. Additionally, Associate Justice Faustino J. Fernandez-Vina reaches retirement age in February 2022, which means that Governor Murphy will be selecting yet another jurist to elevate to the State’s high court.
Suffice it to say that in addition to working in various private sector positions or serving as law clerks within a state or federal judiciary, New Jersey appointees often have extensive experience either within the administrative state (executive branch, local or State) or as lawmakers/policy advisors within the legislative branch, and in some cases all of the above. On one hand, all of these experiences can be invaluable for a judge, however it's important to consider the pros and cons of selecting individuals who possess particular knowledge of aspects of State and/or local government gleaned from holding public service positions. Sometimes this results in raising up judges who, throughout their career, have had access to information which is effectively shielded from the public eye by layers of bureaucracy. Furthermore, this pool of individuals has a tendency to be insular and sometimes even subject to nepotism, thereby leaving government vulnerable to capture by way of the creation and propagation of a de facto breeding ground for what may (over time, measured in generations) functionally begin to constitute a ruling class.
In the case of Judge Joanne Cocchiola, she held local elected office as a Nutley commissioner and as mayor. Her most recent positions were as a municipal court judge,
She also formerly worked as a deputy state attorney general and later as legal counsel for an authority of the State of New Jersey called the New Jersey Sports and Entertainment Authority (NJSEA) which holds the land leases for several sports related properties such as the MetLife Sports Compex (still commonly known as the Meadowlands by many New Jerseyans,) Monmouth Park Racetrack and the Wildwoods Convention Center. As part of it's function, NJSEA also acts as a centralized planning and land use agency for the Meadowlands District which includes 14 municipalities in Essex and Hudson Counties. It's worth noting that the nature of NJSEA's mission necessarily creates a situation where the duties of appointed officials (and work executed by employees of the authority) overlaps with those of local elected officials and employees.
For the sake of further background and because Judge Cocchiola's position at NJSEA was to provide legal counsel, state authorities are sometimes described as ‘sue and be sued’ entities in ‘State government speak’. This means that they do not directly rely on the New Jersey Office of the Attorney General for legal matters to be handled. Some other important features of authorities are the ability to take on debt and own property. The independence of these authorities is based on the way they are constructed in keeping with State law and generally offers certain flexibilities to these entities which are not the subject of this article, however for the purpose of this discussion, it's worth bearing in mind that:
1.) State, regional and local public authorities are creations of the NJ Legislature either by way of ratifying compacts with other states or through enacting particular or enabling legislation. Because of the way they are legally constructed, they are not directly answerable to any one branch of government. In the case of regional or local authorities (for example: housing authorities) they are generally created under the terms set forth in enabling legislation and constructed in such a way as to create a buffer between the entity and local or county government(s) with which they are affiliated. You can read more about independent public authorities and their functionality within New Jersey government here.
2.) Top level executives (officers) responsible for decisions and actions carried out by state and regional authorities are nominated and appointed to their positions in a similar fashion to how those of judges are handled to fill positions within the judicial branch; the Governor's office nominates appointees (frequently by way of direct recommendations of legislators) then the legislature holds confirmation hearings and votes on the appointment.
Historically, climbing the ladder within New Jersey government is inextricably linked and interdependent upon the ability of an individual to gain access to the pool which spawns leaders. Once someone is working on the inside of government, they're much more likely to be considered for other positions. In essence, this case study illustrates a scenario suggesting that those in the public’s service often stay in service at least partly due to their positions allowing them to gather both information and power to act on it as they build their career carrying out the public’s business. Regrettably, this can provide an opportunity for information to become sequestered or otherwise relatively far removed from the public eye.
When it comes to judges and justices, discerning New Jerseyans would do well to pay attention to the background of appointees to these positions. Civic duty requires that everyone be on the lookout for how an nominee's legal career path prepares them for serving the public as jurists. Take note of prior public and/or private sector positions - whether employed, elected or appointed. Since New Jersey voters do not choose judges or justices directly, commitment on the part of the People to involve themselves in the judicial nomination and confirmation process must include staying informed and voicing grievances about nominations when deemed necessary. In that case, it's appropriate to direct concerns or feedback to members of the New Jersey Senate, especially those on the Judiciary Committee, because they are responsible conducting confirmation hearings prior to a final vote on nominations by the full Senate.
As alluded to earlier, the New Jersey Judiciary has many structural and functional similarities with the Federal Judiciary, so understanding aspects of it can provide insights into what's happening not only here in the Garden State, but in Washington, D.C. and across the nation. By honing skills of discernment while examining New Jersey appointees, one can be more prepared to approach this task when it comes to individuals tapped by the President of the United States to serve as federal judges or Supreme Court Justices.