Higgins v. Denver
Citation | 204 A.2d 597,85 N.J.Super. 277 |
Decision Date | 29 October 1964 |
Docket Number | No. A--563,A--563 |
Parties | Thomas S. HIGGINS, Plaintiff-Respondent, v. George J. DENVER, Ronald C. Smith, Arthur Field, John Hopen and Robert Benson, Members of the Township Committee of the Township of Gloucester; Township of Gloucester, a municipal corporation, and Samuel W. Strauss, Defendants-Appellants. |
Court | New Jersey Superior Court — Appellate Division |
Neil F. Deighan, Jr., Camden, for respondent.
Meyer L. Sakin, Camden, for appellants.
Before Judges GAULKIN, FOLEY and COLLESTER.
The opinion of the court was delivered by
GAULKIN, S.J.A.D.
In this action in lieu of prerogative writs the Law Division held that plaintiff Thomas F. Higgins is entitled to the office of magistrate of the Municipal Court of Gloucester Township. Samuel W. Strauss, who claims the office, and the township appeal.
The case was presented to the Law Division upon a stipulation of facts which sets forth, in part, that (Emphasis ours)
Higgins was appointed by a vote of 4 to 1, the sole Republican (Field) voting 'No'.
The stipulation continues:
'George J. Denver and Ronald C. Smith took office as members of the Township Committee on January 1, 1964. On January 3, 1964, the Township Committee introduced a resolution revoking and rescinding the appointment of Thomas S. Higgins as Magistrate for the Township of Gloucester for three years; said resolution was adopted by a three to two vote, with George J. Denver, Ronald C. Smith and Arthur Field voting to revoke and rescind the appointment of said Thomas S. Higgins. Said resolution provides as follows:
WHEREAS, the appointment by resolution on December 27, 1963, by the Township Committee of the Township of Gloucester, of Thomas S. Higgins, as Municipal Judge, for period of three (3) years from said date, constituted an encroachment on the right of the public in the selection of its own officials, was improperly motivated, is without legal authority in law, and is, therefore, void;
NOW, THEREFORE,
BE IT RESOLVED * * * that the resolution * * * passed December 27, 1963, appointing Thomas S. Higgins as Municipal Judge of the Township of Gloucester, for the period of three (3) years from said date, be and the same is hereby rescinded.'
On January 3, 1964 the township committee appointed Strauss as magistrate for a period of three years, commencing January 6, 1964.
The township and Strauss contend that (1) the action of the 'lame duck' majority constituted 'unlawful behavior, bad faith and breach of public interest,' and therefore the Higgins appointment was null and void, and (2) even if valid, the appointment could not have been for three years but only for the balance of Reberkenny's term, under R.S. 40:46--15, N.J.S.A., and, since that term ended January 6, 1964, Strauss was validly appointed and he is now the magistrate.
We hold that the appointment of Higgins, in the manner and under the circumstances here stipulated, was against public policy, and the Law Division should have set it aside.
To begin with, such manipulation of the judiciary cannot be tolerated. The township committee majority should not have asked for the magistrate's resignation for so base a reason--indeed, even an entire governing body, acting unanimously, may not do so.
* * *'Kagan v. Caroselli, 30 N.J. 371, 377, 379, 153 A.2d 17, 21, 22 (1959).
The public is vitally concerned with the integrity of the local courts and their freedom from political control. 'Their independence from local influence is furthered by security in office, and there can be no doubt * * * that the Legislature intended to protect the local courts from political interference.' Krieger v. Jersey City, 27 N.J. 535, 543, 143 A.2d 564, 568 (1958).
In the case of In re Mattera, 34 N.J. 259, 275, 168 A.2d 38, 47 (1961), the Supreme Court said:
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Robinson v. Kreischer
...Hand, 71 N.J.L. 137, 58 A. 641 (Sup.Ct.1904); Haber v. Goldberg, 92 N.J.L. 367, 105 A. 874 (E. & A. 1918), and Higgins v. Denver, 85 N.J.Super. 277, 204 A.2d 597 (App.Div.1964). None of these cases is applicable. There is no averment here that defendant Kreischer and the city council did an......
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