This bill mandates that the New Jersey Attorney General must obtain a joint resolution from both the Senate and General Assembly, along with the Governor's signature, before filing an amicus brief in any state or federal court where New Jersey is not a party. The legislation emphasizes the importance of ensuring that the Attorney General's legal positions align with the decisions of elected officials, thereby promoting accountability and proper representation of the citizens. In cases where either house of the Legislature votes against the joint resolution, the Governor retains the authority to grant written authorization for the amicus brief, provided this occurs after the legislative vote.
The bill is a response to recent actions taken by Attorney General Matt Platkin, particularly his support for an amicus brief related to Tennessee's ban on gender-affirming care for transgender youth. The sponsors of the bill argue that as an appointed cabinet member, the Attorney General should not unilaterally represent the State's interests in legal matters where New Jersey is not directly involved. By requiring legislative and gubernatorial approval for such filings, the bill aims to enhance transparency and public confidence in the legal processes of the State.