Three state Supreme Court justices peeled back the curtain to reveal the procedural workings of the Court at the New Jersey State Bar Association’s Annual Meeting and Convention.
During a special panel, moderated by David Kott of McCarter & English LLP, the justices discussed how they handle petitions for certification, how opinions are assigned, the effects of oral argument on cases and more. Chief Justice Stuart Rabner and Justices Anne M. Patterson and Fabiana Pierre-Louis were joined by Supreme Court Clerk Heather Joy Baker for the dialogue.
The Court receives between 1,110 and 1,220 petitions each year, while it requires a ‘yes’ vote from three justices to grant a petition, according to Justice Patterson. Once the petition is approved, the Court receives the case transcripts and appellate record to review. Unlike other courts, the Supreme Court does not conference on a case before oral arguments.
Chief Justice Rabner said each justice typically has an inclination of how they will rule before oral arguments, but a good presentation can sway opinions before Court deliberates. Lawyers who come prepared to give a concise, focused argument and invite questions often fare the best.
“Don’t underestimate, ever, the importance of oral argument, because for me and every member of the court, periodically we will walk out saying ‘I was leaning this way, but now I’m leaning in the opposite direction,” Chief Justice Rabner said.
All seven justices conference on a case one week after arguments. The discussion begins with one justice presenting the case and reviewing the facts, followed by comments from each justice in order of seniority, Justice Pierre-Louis said. When a decision is reached, the most senior justice in the majority will choose who authors the opinion.