Bill Text: NJ S284 | 2024-2025 | Regular Session | Introduced
Bill Title: Provides exception for Legal Services of New Jersey and other public interest organizations from confidentiality of certain eviction actions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Judiciary Committee [S284 Detail]
Download: New_Jersey-2024-S284-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
Senator M. TERESA RUIZ
District 29 (Essex)
SYNOPSIS
Provides exception for Legal Services of New Jersey and other public interest organizations from confidentiality of certain eviction actions.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the confidentiality of certain eviction actions and amending P.L.2021, c.189.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2021, c.189 (C.2A:42-146) is amended to read as follows:
3. a. [Any] Except as provided in subsection b. of this section, any New Jersey public entity that maintains a written or automated record or file of emergency period nonpayment court records shall take appropriate actions to ensure that these records are kept confidential and unavailable to the public.
b. (1) This act shall not prohibit the courts or other New Jersey public entities from retaining or distributing demographic information from emergency period nonpayment court records for the purpose of understanding the effect of the COVID-19 pandemic on evictions, or for other public purposes, so long as personally-identifiable information on persons who are the subject of emergency period nonpayment court records remains confidential.
(2) The provision of subsection a. of this section shall not prohibit access to nonpayment court records by Legal Services of New Jersey or other non-profit public interest organizations, law school clinical and pro bono programs certified by the New Jersey Supreme Court under the New Jersey Rules of Court, Rule 1:21-11(b) regardless if any notice of appearance has been entered when acting on behalf of a party in an individual matter.
c. The Supreme Court of New Jersey may adopt rules, and the Administrative Director of the Courts may issue directives and guidelines, to implement the purposes of this act.
(cf: P.L.2021, c.189, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill provides an exception for Legal Services of New Jersey and other non-profit public interest organizations, law school clinical and pro bono programs from the confidentiality imposed by N.J.S.A.2A:42-146.
Prior to enactment of N.J.S.A.2A:42-146, Legal Services of New Jersey and other public interest advocates had the ability to view a court case to determine the status, facts alleged, and other relevant information needed to provide informed advice to unrepresented tenants. Without this exception, Legal Services of New Jersey and other public interest organizations will be unable to provide immediate legal assistance to unrepresented tenants, or to make informed decisions on the merits or need for referral of a particular case.
This bill provides that confidentiality of records imparted by N.J.S.A.2A:42-146 does not prohibit access to court records for Legal Services of New Jersey attorneys or for attorneys of other non-profit public interest organizations certified by the New Jersey Supreme Court under the New Jersey Rules of Court, Rule 1:21-11(b), irrespective of whether the attorney has entered a notice of appearance in a particular case. Public interest organizations, law school clinical pro bono programs, and federal, state, and local governmental entities can apply for yearly certification under Rule 1:21-11(b) if the organization provides qualifying pro bono services as defined under Rule 1:21-11(a) of the court rules.
