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