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Bill > S3847


NJ S3847

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


summary

Introduced
10/28/2024
In Committee
10/28/2024
Crossed Over
Passed
Dead

Introduced Session

2024-2025 Regular Session

Bill Summary

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.

AI Summary

This bill requires the New Jersey Attorney General to obtain approval before filing an amicus brief (a legal document offering additional perspective in a court case where the state is not a direct party) in any state or federal court. Specifically, the Attorney General must first secure a joint resolution passed by both chambers of the state Legislature and signed by the Governor before filing such a brief. If one legislative chamber votes against the resolution, the Governor retains the power to grant written authorization for the brief after the legislative vote has occurred. The bill stems from recent actions by Attorney General Matt Platkin, such as supporting an amicus brief related to transgender youth healthcare in Tennessee, and reflects concerns that an appointed Attorney General should not unilaterally represent state interests without oversight from elected officials. The legislation aims to enhance transparency and accountability by ensuring that significant legal positions are reviewed and approved by elected representatives, recognizing that amicus briefs can have broader policy implications beyond immediate legal proceedings.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 10/28/2024)

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