state. Normally, an appeal from one of the trial divisions of the New Jersey Superior Court goes to the Appellate Division of that court. Thereafter, it may be brought before the Supreme Court if a statute provides that the case may go to that court, or if it meets one or more of the following five requirements: as of right if the case involves a question of constitutionality; as of right if an Appellate Division judge dissented from that court's ruling; formerly, as of right if the case involved capital punishment (now abolished in New Jersey); at the Supreme Court's discretion, when the Supreme Court grants certification; or by operation of law if the case involves the drawing of political boundaries (see below). In practice, appeal to the Supreme Court as of right is rare, and the Supreme Court primarily hears cases on certification. Political functions The court serves as a de facto tie-breaker in case the twelve-member New Jersey Redistricting Commission fails to come to an agreement on who the 13th independent tie-breaking member will be, following the decennial United States Census. If the commission reports ("certifies") to the court that it is evenly divided, the commission may nominate two people to become an independent 13th member. The court appoints the one deemed "more qualified," who will then break the tie. If the Commission still cannot reach a 7–6 majority in favor of a final redistricting configuration, the two district plans receiving the greatest number of votes, but not fewer than five votes, are submitted to the Supreme Court, which selects and certifies whichever of the two plans so submitted conforms most closely to the requirements of the Constitution and laws of the United States. In the case of the Apportionment Commission for state legislative districts, the Chief Justice alone gets to pick the final 11th member of the commission. The court also acts as final arbiter of the inability or absence of the Governor or Lieutenant Governor, following a declaration by the Legislature. As in federal impeachment trials, in case of impeachment of the Governor, the Chief Justice presides. Membership Appointment, composition, and life on the bench The Governor nominates all Justices to the Court but may choose only from among those lawyers admitted to the New Jersey bar for at least ten years. Following seven days of public notice, nominees are put before the Senate for "advice