The Senate is scheduled to vote Thursday on a resolution saying Justice Roberto Rivera-Soto should resign if the Assembly doesn't move to impeach him.
Rivera-Soto decided not to participate in decisions as long as a temporary justice was assigned to the high court. He then moderated his position and said he would participate as long as the temporary seventh justice didn't influence the outcome of a case.
Chief Justice Stuart Rabner appointed retired Superior Court Judge Edwin Stern to fill a vacancy that occurred after Gov. Chris Christie declined to reappoint a sitting justice and Democrats angered by that decision refused to consider Christie's nominee.
