Senatorial courtesy is an unwritten rule practiced in the Senate of the U.S. state of New Jersey under which a State Senator can indefinitely block consideration of a nomination by the Governor of New Jersey for a gubernatorial nominee from the Senator's home county, without being required to provide an explanation. While the practice is infrequently invoked, it has brought calls for legislation that would forbid its use.[1]
Following the 1973 Democratic landslide, where Democrats won a 29–10 majority (with one independent), the newly elected Senate Democratic leadership—Senate President Frank J. Dodd (D-West Orange) and Majority Leader Matthew Feldman (D-Teaneck) moved to eliminate the Caucus System and Senatorial courtesy rules. The caucus system rule ended for good, but a faction of the Democratic majority led by Senator James P. Dugan (D-Jersey City), the incumbent Democratic State Chairman, teamed with Republican Senators to continue the practice of Senatorial courtesy.[2] In a ruling issued on December 23, 1993, the New Jersey Supreme Court upheld the use of senatorial courtesy, despite the fact that it is an unwritten rule. The vote in the Supreme Court had been 3–3, with Chief Justice Robert Wilentz recusing himself because he had made a statement that opposed its use in the case of Judge Murphy.[3]
In a 2014 opinion piece published in The Record, State Senator Kevin J. O'Toole (R-Essex) wrote: "Over the span of six decades, it has morphed into a tool sometimes used as a bargaining chip in bitter partisan battles." O'Toole has called for reform of the practice, saying: "Ultimately, the political desires of 40 members of the Senate should not outweigh the needs of 8 million New Jerseyans."[4]