Sherrill affirms Hughes Compact on judges and prosecutors, but with some changes

Gov. Mikie Sherrill has signed the Hughes Compact, a long-standing agreement between governors and the New Jersey Bar Association that gives the trade group a role in reviewing and vetting gubernatorial nominees for judicial and prosecutorial positions.

Her decision keeps the powerful – and sometimes clandestine — Judicial and Prosecutorial Appointments Committee (JPAC) in power for another four years.

But for the first time, Sherrill’s compact prohibits JPAC members from seeking appointment as a judge or prosecutor for themselves while serving on the panel, offering clearer guardrails on potential conflicts of interest.

Under the Hughes Compact, governors have agreed to withhold nominations of judges – including Supreme Court justices – and county prosecutors until the JPAC deems the candidate qualified or not qualified.

Sherrill changed some of the language from the agreement signed by Gov. Phil Murphy in 2018, requiring a stronger emphasis on diversity and representation.  Sherill’s agreement requires at least one representative from each county and at least three members representing underrepresented segments of the legal profession.  The new agreement reflects the new governor’s framing around diversity in judicial nominations.

The new agreement appears to offer more specific procedural timelines, requiring notice if their 20-day review isn’t met.

Deliberations remain confidential, protecting candidates who may never be nominated, although there have been leaks from JPAC in some instances.

The first compact was signed in 1969 by Gov. Richard J. Hughes during his final year in office.

Gov. Christine Todd Whitman withdrew from the Hughes Compact in 1999 after the JPAC found one of her Supreme Court nominees to be unqualified.

Gov. Chris Christie initially declined to sign the agreement, and then did so with new limitations on input from county bar associations.  Murphy brought them back into the process in 2018.

Four years after signing the compact, Hughes went through his own process when Gov. William Cahill nominated him to serve as chief justice.