Bill Text: NJ S3847 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires adoption of joint resolution before Attorney General files amicus brief in any state or federal court in which State is not party.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-10-28 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3847 Detail]
Download: New_Jersey-2024-S3847-Introduced.html
Sponsored by:
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Requires adoption of joint resolution before Attorney General files amicus brief in any state or federal court in which State is not party.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Attorney General and supplementing Title 52 of the Revised Statutes
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. The Attorney General serves as the chief legal officer of the State of New Jersey, a role essential for representing the State's interests. However, it is crucial that legal positions on certain matters reflect the decisions of elected officials to ensure accountability and proper representation of the citizens of New Jersey.
b. Unlike the 43 states where the Attorney General is directly elected by the public, New Jersey's Attorney General is an appointed cabinet member who should not be permitted to take policy positions without the approval of the State's elected officials.
c. In recent months, New Jersey's Attorney General Matt Platkin has filed and supported several amicus briefs, including one in which he joined 19 other states in urging the United States Supreme Court to block Tennessee's ban on gender-affirming care for transgender youth. However, granting the Attorney General the authority to file amicus briefs without prior approval from the Governor and the Legislature risks misrepresenting the State's views and priorities.
d. As an unelected cabinet member, the Attorney General should not unilaterally represent the State's interests in cases where the State is not a party. The filing of an amicus brief may have implications for state policy and public interest, making it imperative that such filings undergo serious consideration and debate by elected representatives.
e. Ensuring that the filing of amicus briefs are subject to consideration by both the Governor and the Legislature promotes transparency, accountability, and public confidence in the legal processes of the State.
2. The Attorney General shall not file an amicus brief in any case before a state or federal court in which the State of New Jersey is not a party unless a joint resolution is adopted by the Senate and General Assembly and signed by the Governor. In the event that either house of the Legislature does not vote in favor of the joint resolution, the Governor may grant written authorization for the filing of the amicus brief, provided that the Governor issues such authorization after the Legislature's vote has occurred.
3. This act shall take
effect immediately.
STATEMENT
This bill requires that a joint resolution be adopted by the Senate and General Assembly and signed by the Governor before the State Attorney General files an amicus brief in any state or federal court where New Jersey is not a party. If either house of the Legislature votes against the joint resolution, the Governor may grant written authorization for the amicus brief as long as this authorization occurs after the Legislature's vote.
This bill is in response to Attorney General Matt Platkin's support for an amicus brief urging the United States Supreme Court to block Tennessee's ban on gender-affirming care for transgender youth. While the Attorney General serves an essential role in representing the State's interests, it is crucial that legal positions on certain matters reflect the decisions of elected officials to ensure accountability and proper representation of the citizens of New Jersey. It is the intent of the sponsor that the filing of amicus briefs be considered by both the Governor and the Legislature before the Attorney General takes action to better represent the State's views and priorities.
