Martini v. Civil Serv. Comm'n., No. 267.

CourtUnited States State Supreme Court (New Jersey)
Writing for the CourtPERSKIE, Justice.
Citation129 N.J.L. 599,30 A.2d 569
PartiesMARTINI v. CIVIL SERVICE COMMISSION.
Docket NumberNo. 267.
Decision Date01 March 1943

129 N.J.L. 599
30 A.2d 569

MARTINI
v.
CIVIL SERVICE COMMISSION.

No. 267.

Supreme Court of New Jersey.

March 1, 1943.


Certiorari proceeding by Leo J. Martini against the Civil Service Commission of the State of New Jersey to review action of the Civil Service Commission in determining that prosecutor's appointment as clerk of the First Criminal Judicial District Court of Hudson County was controlled by the Civil Service Law.

Writ dismissed.

October term, 1942, before BODINE, HEHER, and PERSKIE, JJ.

Leo J. Martini, of Jersey City, for prosecutor.

David T. Wilentz, Atty. Gen. (Harry A. Walsh, Asst. Atty. Gen., of counsel), for respondent.

PERSKIE, Justice.

The question requiring decision is whether the appointment of a clerk to the First Criminal Judicial District Court of Hudson County is controlled by the judge of that court (N.J.S.A. 2:212-10) or by the provisions of our Civil Service Law (N.J.S.A. 11:4-1 et seq.).

The facts are stipulated and are not in dispute. By leave of the court, the use of the stipulation, in lieu of depositions, was granted. On October 20, 1940, prosecutor, an honorably discharged veteran of the first World War, was appointed clerk of the First Criminal Judicial District Court of Hudson County (N.J.S.A. 2:212-4.1) by the judge of that court. N.J.S.A. 2:212-10. In due season, prosecutor did ‘take and subscribe’ the ‘usual oath’ of office and ‘entered into’ the necessary ‘bond’ to the state ‘conditioned for the faithful performance of [his] duties.’ N.J.S.A. 2:212-11. He immediately entered upon his duties and has since continued to serve as such elerk receiving the emoluments incident to his ‘state office.’

Upon receipt of notification from the judge of prosecutor's appointment, the Civil Service Commission, pursuant to its practice of placing the office of clerks of criminal judicial district courts ‘in the competitive division of the classified service’ (N.J.S.A. 11:4-3), ordered that a ‘competitive examination’ be held for the office, and that pending the result of that examination prosecutor's ‘temporary’ appointment be approved. The Civil Service Commission notified the judge of its action and, taking the position that there was an ‘existing vacancy’ in the office, caused public notice to be advertised of the ‘civil service

30 A.2d 570

test’ to be held, for said office, on April 30, 1942.

Prosecutor requested the Civil Service Commission to withdraw its advertised test or examination. That request was based on the premise that he was entitled to ‘tenure of office’ during good behavior, both under N.J.S.A. 2:212-10 and N.J.S.A. 38:16-1 et seq. (Veterans' Tenure of Office Act). His request was ignored. He thus invoked the aid of this court which granted him a writ of certiorari to review the actions of the Civil Service Commission in determining that his appointment is controlled by our Civil Service Law (N.J.S.A. 11:4-3), which has for its source L. 1930, c. 176, sec. 44, p. 631, suppl. to L. 1908, c. 156, p. 235 and provides: “Classified service' means, unless otherwise provided in this subtitle, all positions in the state service, whether paid or unpaid, full time or part time, whether existing or hereafter created, except positions held by persons enumerated in section 11:4-4 of this title.'

N.J.S.A. 2:212-10, upon which prosecutor relies, is made applicable to the First Criminal Judicial District Court by N.J.S.A. 2:212-4.5. It has for its source L. 1926, c. 204, secs. 12 and 13, p. 337, and provides:

‘Each judge of a criminal judicial district court may appoint a clerk of his court, who shall hold office during good behavior, and who shall be...

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8 practice notes
  • City of Newark v. Department of Civil Service, No. A--878
    • United States
    • New Jersey Superior Court – Appellate Division
    • 3 Julio 1961
    ...Walsh v. Department of Civil Service, 32 N.J.Super. 39, 107 A.2d 722 (App.Div.1954); R.S. 11:4--1; Martini v. Civil Service Commission, 129 N.J.L. 599, 602, 603, 30 A.2d 569 (Sup.Ct.1943); and to effectuate that policy it has long been recognized that the statutes must be liberally construe......
  • Borough of Park Ridge v. Salimone, No. A--87
    • United States
    • United States State Supreme Court (New Jersey)
    • 20 Febrero 1956
    ...Department of Civil Service, 32 N.J.Super. 39, 107 A.2d 722 (App.Div.1954); R.S. 11:4--1, N.J.S.A.; Martini v. Civil Service Commission, 129 N.J.L. 599, 602, 603, 30 A.2d 569 (Sup.Ct.1943); and to effectuate that policy it has long been [120 A.2d 730] recognized that the statutes must be li......
  • Cino v. Driscoll, No. 224.
    • United States
    • United States State Supreme Court (New Jersey)
    • 27 Septiembre 1943
    ...v. Thayer-Martin, 114 N.J.L. 69, 80, 175 A. 637; Burlington County v. Martin, 128 N.J.L. 92, 28 A.2d 116; Martini v. Civil Service Comm., 129 N.J.L. 599, 603, 30 A.2d 569. 2. No proper foundation was otherwise laid for the use of the testimony of the minors before the Newark Board. There is......
  • Kravis v. Hock, No. 301.
    • United States
    • United States State Supreme Court (New Jersey)
    • 9 Junio 1948
    ...v. Martin, 114 N.J.L. 69, 80; 175 A. 637; Burlington County v. Martin, 129 N.J.L. 92; 28 A.2d 116; Martini v. Civil Service Commission, 129 N.J.L. 599, 603; 30 A.2d 569.’ We cannot agree with petitioner's argument that said female entertainers were not within the intendment of the regulatio......
  • Request a trial to view additional results
8 cases
  • City of Newark v. Department of Civil Service, No. A--878
    • United States
    • New Jersey Superior Court – Appellate Division
    • 3 Julio 1961
    ...Walsh v. Department of Civil Service, 32 N.J.Super. 39, 107 A.2d 722 (App.Div.1954); R.S. 11:4--1; Martini v. Civil Service Commission, 129 N.J.L. 599, 602, 603, 30 A.2d 569 (Sup.Ct.1943); and to effectuate that policy it has long been recognized that the statutes must be liberally construe......
  • Borough of Park Ridge v. Salimone, No. A--87
    • United States
    • United States State Supreme Court (New Jersey)
    • 20 Febrero 1956
    ...Department of Civil Service, 32 N.J.Super. 39, 107 A.2d 722 (App.Div.1954); R.S. 11:4--1, N.J.S.A.; Martini v. Civil Service Commission, 129 N.J.L. 599, 602, 603, 30 A.2d 569 (Sup.Ct.1943); and to effectuate that policy it has long been [120 A.2d 730] recognized that the statutes must be li......
  • Cino v. Driscoll, No. 224.
    • United States
    • United States State Supreme Court (New Jersey)
    • 27 Septiembre 1943
    ...v. Thayer-Martin, 114 N.J.L. 69, 80, 175 A. 637; Burlington County v. Martin, 128 N.J.L. 92, 28 A.2d 116; Martini v. Civil Service Comm., 129 N.J.L. 599, 603, 30 A.2d 569. 2. No proper foundation was otherwise laid for the use of the testimony of the minors before the Newark Board. There is......
  • Kravis v. Hock, No. 301.
    • United States
    • United States State Supreme Court (New Jersey)
    • 9 Junio 1948
    ...v. Martin, 114 N.J.L. 69, 80; 175 A. 637; Burlington County v. Martin, 129 N.J.L. 92; 28 A.2d 116; Martini v. Civil Service Commission, 129 N.J.L. 599, 603; 30 A.2d 569.’ We cannot agree with petitioner's argument that said female entertainers were not within the intendment of the regulatio......
  • Request a trial to view additional results

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