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A4780
ASSEMBLY, No. 4780
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 19, 2026
Sponsored by:
Assemblyman� GREGORY P. MCGUCKIN
District 10 (Monmouth and Ocean)
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.