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  #1  
Old 08-23-2004, 08:01 PM
quest
 
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No N.J. Constitutional Requirement for Judicial Oath

I feel absolutely mind boggled, but in doing a search throughout the New Jersey Constitution, there is not one single mention of an oath of any shape or form for a Judge. Am I really missing something, or have I stumbled upon a really big hole??? There are clauses regarding oath for the legislative members, the executive governor, public officers (would this include a judge maybe? But it is clearly in a different article than the judicial Article IV...) Anyhoo, thought I would throw that out and see if anyone has had any experience with N.J. and aquiring a judge's oath of office.



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  #2  
Old 08-23-2004, 10:55 PM
HenryBowman
 
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No N.J. Constitutional Requirement for Judicial Oath

I believe that the requirement for the oath of office will be found in the NJ Statutes.



It is here in NC, and I believe that is the way it will work



HB
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  #3  
Old 08-24-2004, 09:35 AM
gregtu gregtu is offline
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No N.J. Constitutional Requirement for Judicial Oath

quest, try this: http://www.judiciary.state.nj.us/rules/r1-27.htm
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  #4  
Old 08-24-2004, 09:37 AM
HenryBowman
 
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No N.J. Constitutional Requirement for Judicial Oath

Good deal Gregtu!



You da MAN



Bottom of page Quest.
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  #5  
Old 08-24-2004, 09:39 AM
gregtu gregtu is offline
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No N.J. Constitutional Requirement for Judicial Oath

HenryBowman, thank you!!!!



quest, better yet, try this: http://www.judiciary.state.nj.us/cgi...ulessearch.cgi
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  #6  
Old 08-25-2004, 01:54 PM
Libertarian Libertarian is offline
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No N.J. Constitutional Requirement for Judicial Oath

The U.S. Constitution (Art. VI, cl. 3) requires an oath of office from all judges, state or federal.
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  #7  
Old 08-31-2004, 01:06 PM
quest
 
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No N.J. Constitutional Requirement for Judicial Oath

O.k, thanks for the tips, but still, I think we're all missing something here. If it is mandated by the Federal Constitution for a judge to take an oath of office, and in reference to the Supremecy Clause that all states follow those standards, doesn't it seem kind of strange that NJ doesn't require it's judges to do the same?

Also, I am not finding anything at all regarding a Judge taking an oath of office in the NJ statutes either. The Rules of Court link offered by gregtu is geared for lawyers and counsel... again, doesn't it smell a little fishy and conspicuously absent that nowhere, (constitution, statutes, rules of court...) does it specifically require a Judge to take an oath of office. Think of it this way ~ in the rules of construction for statutes, what isn't explicitly stated cannot be implied ~ expressio unius est exclusio alterius ~ the expression of one thing is to the exlusion of everything else. So, If, in the states constitution, statutes, codes, and rules of court, there are express provisions for an oath of office for the governor, legislative members, clerks, prosecutors, lawyers, counsellors, etc., and NOT ONE SINGLE MENTION of Judges in any capacity whatsoever, doesn't that seem strange to anybody besides me???



Just wondering...
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  #8  
Old 09-01-2004, 12:49 AM
quest
 
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No N.J. Constitutional Requirement for Judicial Oath

Alright, false alarm... I found the stated and specific requirements hidden down in title 41 of the NJS.



Onwards and ever upwards....
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