New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S3847

Introduced
10/28/24  

Caption

Requires adoption of joint resolution before Attorney General files amicus brief in any state or federal court in which State is not party.

Impact

The bill is introduced against the backdrop of the current Attorney General, Matt Platkin’s recent actions, particularly regarding his filing of an amicus brief related to gender-affirming care for transgender youth. The intention behind S3847 is to uphold the principle that significant legal positions, especially those that have implications for state policy, should undergo collective consideration by elected officials. If enacted, this will affect how the Attorney General engages with various legal matters, establishing a clear mechanism for legislative oversight.

Summary

Bill S3847 seeks to regulate the ability of New Jersey's Attorney General to file amicus briefs in state or federal courts where New Jersey is not a direct party. This legislation mandates that the Attorney General can only file such briefs after obtaining a joint resolution supported by both the Senate and the General Assembly, which must also be signed by the Governor. This measure aims to ensure that the legal positions communicated through these briefs align with the elected representatives of the state, promoting accountability and transparency in legal actions that may influence public policy.

Contention

Supporters of the bill argue that it is necessary to maintain a check on the authority of the Attorney General, particularly since the position is not elected directly by the public in New Jersey, unlike in many other states. They contend that this change will protect the interests of New Jersey residents by ensuring that decided legal positions reflect the state's official stance. However, there may be contention from those who believe this requirement could impede timely legal responses by the Attorney General, potentially hindering advocacy in urgent matters. The balance between legislative oversight and the operational efficiency of the Attorney General’s office is expected to be a topic of significant debate.

Companion Bills

NJ A4994

Same As Requires adoption of joint resolution before Attorney General files amicus brief in any state or federal court in which State is not party.

Previously Filed As

NJ S3231

Requires adoption of joint resolution before Attorney General files amicus brief in any state or federal court in which State is not party.

NJ A4780

Requires adoption of joint resolution before Attorney General files amicus brief in any state or federal court in which State is not party.

NJ HB1483

The attorney general and amicus curiae briefs.

NJ HB1090

The attorney general and amicus curiae briefs.

NJ S1114

Requires commissioner of registration to move voters with undeliverable mail-in ballots to inactive file; removes such inactive voters from Statewide voter registration system following failure to vote in two consecutive federal general elections.

NJ S3291

Requires school districts to close schools on days of general and primary elections.

NJ S1136

Requires public schools, and nonpublic schools which receive federal funding, to provide students with information on rights afforded under Title IX, and provide contact information for Title IX coordinator.

NJ SB239

Requiring judges to invite amicus briefing and allow intervention in certain civil cases

NJ S1158

Requires Superintendent of State Police to publish cannabis-related fatal motor vehicle crash statistics.

NJ S1185

Requires DCA to establish online, Statewide database of local government unit legal notices.

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