Establishes "New Jersey Domestic Violence and Legal Access Task Force."

AJR124

ASSEMBLY JOINT RESOLUTION

No. 124

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

Assemblywoman� ANNETTE QUIJANO

District 20 (Union)

SYNOPSIS

���� Establishes �New Jersey Domestic Violence and Legal
Access Task Force.�

CURRENT VERSION OF TEXT

���� As introduced.

��

A Joint
Resolution
establishing the �New Jersey
Domestic Violence and Legal Access Task Force.�

Whereas,
Every day, indigent
pro se
parties enter New
Jersey courts seeking relief from abuse.� Often these people are unable to
advocate effectively for themselves or articulate a sufficient basis to support
the relief they are seeking from the court.� Similarly, other indigent parties
must defend themselves against allegations of domestic violence.� In both
instances, these litigants are often ill-equipped to articulate the merits of
their positions to the court because of a language barrier, lack of
understanding of the statutory standard, or for some other reason; and

Whereas,
Survivors of domestic violence rate the filing of
an application for a restraining order as one of their most effective tools to
stopping domestic violence, second only to leaving the abuser.� Studies confirm
that access to counsel in restraining order proceedings can make a substantial
difference in the outcome; and

Whereas,
According to one study, 83 percent of victims
represented by an attorney successfully obtained a restraining order, as
compared to just 32 percent of victims without an attorney; and

Whereas,
Increasing a victim�s chance for obtaining a
restraining order is one of the most straightforward ways in which legal
assistance can reduce domestic violence.� Cases involving domestic violence are
often difficult and complex, and survivors without proper legal representation
are frequently further victimized by unfavorable outcomes; and

Whereas,
New Jersey has long recognized a right to counsel
for impoverished defendants facing consequences of magnitude, even in civil
cases, such as loss of motor vehicle privileges or a substantial fine in
municipal court, child support enforcement proceedings, involuntary commitment
proceedings, Megan�s Law tier classification hearings, proceedings regarding
abuse, neglect or termination of all parental rights, and loss of liberty, such
as the ability to own weapons or to move freely; and

Whereas,
Inexplicably, a defendant who is prosecuted for an
act of domestic violence is not entitled to counsel even though facing a host
of consequences of magnitude, which may include immediate loss of the right to
occupy a residence without any relief from financial obligations related to
that residence; monetary payments and penalties; seizure of firearms and the
loss of the right to possess same; and suspension of the right to see his or
her children; and

Whereas,
There is no principled reason why an indigent
facing loss of motor vehicle privileges or a substantial fine in municipal
court would be conferred the right to counsel, but an indigent involved in a
domestic violence matter would not have a similar right; and

Whereas,
Domestic violence proceedings implicate fundamental
rights, effect consequences of sizable magnitude, and the provision of counsel
protects a core constitutional provision-the guarantee of �fundamentally fair�
adversarial proceedings.� Absent such a safeguard, domestic violence litigants
are left impermissibly vulnerable; and

Whereas,
By expanding the right to counsel to include both
sides in a domestic violence restraining order action, this State can ensure
that indigent litigants will not suffer consequences of magnitude without first
receiving the protection of counsel; now, therefore,

����
Be It
Resolved
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.�� There is
established the �New Jersey Domestic Violence and Legal Access Task Force� to
study the nature, extent and consequences of unmet legal needs of State
residents in domestic violence matters.

���� b.��� The purpose of the task
force is to examine, on a Statewide basis, the impact that the lack of access
to legal counsel in domestic violence matters is having on the ability of State
residents to be protected from physical and emotional harm, and the impact on
other residents who have to defend themselves against allegations of domestic
abuse.�

���� 2.��� a.�� The task force
shall be comprised of
16
members, as
follows:

���� (1)� Two public members
appointed by the Governor, one of whom shall be a representative of a pro bono
program organized by a law firm located in the State, and one of whom shall be
a State resident who has been a pro se litigant who has appeared as a plaintiff
in a domestic violence matter in the New Jersey State courts;

���� (2)� Two public members
appointed by the Governor upon

recommendation of the President of the
Senate, one of whom shall be the representative of a non-profit organization
dedicated to the services and assistance of victims of domestic violence and
one of whom shall be a State licensed and certified family law attorney;

���� (3)� Two public members
appointed by the Governor upon

recommendation of the Speaker of the
General Assembly, one of whom shall be a director of a legal clinic program of
a law school located in the State and one of whom shall be a State resident who
has been a pro se litigant who has appeared as a defendant in a domestic violence
matter in the New Jersey State courts;

���� (4)� One member appointed by
the
Chief Justice
, who is a
retired
judge of the Superior Court
who was previously
assigned to the Family
Division;

���� (5)� The
Administrative Director of the Courts
,
or his designee;

���� (6)� The Public Defender, or
the Public Defender�s designee;

���� (7)� The Attorney General, or
the Attorney General�s designee;

���� (8)� The dean of Seton Hall
University School of Law, or the dean�s designee;

���� (9)� The co-dean of Rutgers
Law School Newark Campus, or the co-dean�s designee;

���� (10)� The co-dean of Rutgers
Law School Camden Campus, or the co-dean�s designee;

���� (11)� The executive director
of New Jersey Legal Services, or the executive director�s designee;

���� (12)� A representative of the
New Jersey Coalition to End Domestic Violence; and

���� (13)� A representative of
Partners for Women and Justice.

���� b.��� The task force may meet
and hold hearings at the places it designates during the sessions or recesses
of the Legislature.� The task force shall meet at the call of the co-chairs,
and the presence of nine members of the task force shall constitute a quorum at
any meeting thereof.

���� 3.��� The task force shall be
co-chaired as follows: one co-chair shall be the Attorney General, or the
Attorney General�s designee, and the other shall be appointed by the Governor
from among the public members and shall serve at the pleasure of the Governor.�

���� 4.��� Vacancies in the
membership of the task force shall be filled in the same manner as the original
appointments were made.� The members of the task force shall serve without
compensation, but shall be eligible for reimbursement for necessary and
reasonable expenses incurred in the performance of their official duties within
the limits of funds appropriated or otherwise made available of the commission
for its purposes.

���� 5.���
The
Attorney General�s Office shall provide staff and related support services as
the task force requires to carry out its work.�

���� 6.��� The
task force shall be entitled to call to its assistance and avail itself of the
services of the employees of any State, county, or municipal department, board,
bureau, commission, or agency as it may require and as may be available to it
for its purposes, and to incur such traveling and other miscellaneous expenses
as it may deem necessary for the proper execution of its duties and as may be
within the limits of funds appropriated or otherwise made available to it for
these purposes.�

���� 7.��� The task force shall
present a report of its findings and recommendations to the Governor and,
pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature no
later than 18 months after the organization of the task force.� Such
recommendations shall include suggested mechanisms to: (1) secure access to
justice and legal representation in domestic violence matters by increasing the
availability of legal assistance with domestic violence matters throughout the
State; (2) institute a review of New Jersey�s Rules of Professional Conduct and
Unauthorized Practice of Law rules with the purpose of identifying revisions
that expand the ability of law students to provide pro bono assistance to
persons of limited means; and (3) encourage increased pro bono service by the
State�s legal community.�

���� 8.��� The task force shall
dissolve three months after presenting the report.�

���� 9.��� This joint resolution
shall take effect immediately.

STATEMENT

����� This joint resolution establishes the �New Jersey
Domestic Violence and Legal Access Task Force� for the purpose of studying the
nature, extent and consequences of unmet legal needs of State residents in
domestic violence matters.� The task force would have 16 members. The task
force would submit a report of its findings and recommendations to the Governor
and the Legislature within 18 months of its organization.

����� The membership of the commission would be as follows:

����� (1)�� two public members appointed by the Governor,
one of whom is a representative of a pro bono program organized by a law firm
located in the State, and one of whom is a State resident who has been a pro se
litigant who has appeared as a plaintiff in a domestic violence matter in the
New Jersey State courts;

����� (2)�� two public members appointed by the Governor
upon recommendation of the President of the Senate, one of whom is the
representative of a non-profit organization dedicated to the services and
assistance of victims of domestic violence and one of whom is a State licensed
and certified family law attorney;

����� (3)�� two public members appointed by the Governor
upon recommendation of the Speaker of the General Assembly, one of whom is a
director of a legal clinic program of a law school located in the State and one
of whom is a State resident who has been a pro se litigant who has appeared as
a defendant in a domestic violence matter in the New Jersey State court;

����� (4)�� one member appointed by the Chief Justice, who
is a retired judge of the Superior Court who had been previously assigned to
the Family Division;

����� (5)�� the Administrative Director of the Courts, or
his designee;

����� (6)�� the Public Defender, or the Public Defender�s
designee;

����� (7)�� the Attorney General, or the Attorney General�s
designee;

����� (8)�� the dean of Seton Hall University School of
Law, or the dean�s designee;

����� (9)�� the co-dean of Rutgers Law School Newark
Campus, or the co-dean�s designee;

����� (10)� the co-dean of Rutgers Law School Camden
Campus, or the co-dean�s designee;

����� (11)� the executive director of New Jersey Legal
Services, or the executive director�s designee;

����� (12)��� A representative of the New Jersey Coalition
to End Domestic Violence; and

����� (13)��� A representative of Partners for Women and
Justice.�

����� The task force would be co-chaired: one co-chair
would be the Attorney General, or the Attorney General�s designee, and the
other co-chair would be appointed by the Governor from among the public members
and would serve at the pleasure of the Governor.�

����� The task force may meet and hold hearings at the
places it designates during the sessions or recesses of the Legislature.� The
task force would meet at the call of the co-chairs.� The presence of nine
members of the task force would constitute a quorum at any meeting thereof.