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Bill > S284


NJ S284

NJ S284
Provides exception for Legal Services of New Jersey and other public interest organizations from confidentiality of certain eviction actions.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

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.

AI Summary

This bill creates an exception to the confidentiality rules for certain eviction records, specifically those related to the "emergency period" of nonpayment, allowing Legal Services of New Jersey and other certified non-profit public interest organizations, as well as law school clinical and pro bono programs, to access these court records. Previously, these organizations could review case details to help unrepresented tenants, but a law enacted in 2021 (N.J.S.A. 2A:42-146) made these records confidential, hindering their ability to provide timely and informed legal assistance. The bill clarifies that this confidentiality does not prevent access for attorneys from these organizations, even if they haven't formally entered an appearance in a specific case, as long as they are acting on behalf of a party. These organizations can be certified by the New Jersey Supreme Court under Rule 1:21-11(b) if they provide qualifying pro bono services, as defined by Rule 1:21-11(a).

Committee Categories

Justice

Sponsors (2)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)

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