Gov. Phil Murphy announced Wednesday he will nominate Judge Douglas Fasciale to serve on the New Jersey Supreme Court. Fasciale is a Republican from Union County who has served for nearly 18 years as a superior court judge. He will succeed retiring Associate Justice Faustino Fernandez-Vina. The nomination of a Republican is considered an olive branch for the impasse between the state Senate and Murphy over Supreme Court nominations. The high court has had three vacancies since July, with all being filled temporarily by superior court judges, including Fasciale.
It’s not written in the state Constitution but it has been a long-standing tradition in New Jersey that the high court never has more than four members from either political major party — an issue that was at the center of a holdup over another of Murphy’s nominees for the Supreme Court. Democrat Rachel Wainer Apter’s confirmation has been blocked for more than a year and a half by Sen. Holly Schepisi (R-Bergen), using an unwritten rule known as senatorial courtesy. Schepisi cited concerns over the ideological balance of the court if a progressive joined the bench. Fasciale’s nomination is expected to pave the way for Apter’s confirmation process.
“As a sitting judge for over 18 years I am fully aware of the enormous responsibility on the shoulders of our chief justice and the other justices of our supreme court…” Fasciale said. “… I have devoted my entire legal career to the legal system of our state. I am so grateful to have the opportunity to continue this service by sitting on the state’s highest court.”
