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Bill

A 4780

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

2026-2027 Regular Session Introduced by Greg McGuckin

Requires New Jersey legislature to approve Attorney General's amicus briefs in cases where state is not a party, shifting executive authority to legislative oversight.

Introduced, Referred to Assembly Judiciary Committee
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Bill Summary · A 4780

Legislative bill overview

Assembly Bill A 4780 would require New Jersey's Attorney General to obtain approval through a joint resolution from the state legislature before filing amicus curiae ("friend of the court") briefs in any state or federal lawsuit where New Jersey is not a direct party. Currently, the Attorney General can file such briefs at their discretion to advocate for positions aligned with state interests.

Why is this important

Amicus briefs allow attorneys general to influence litigation outcomes on matters affecting their states without being parties to the case—a significant prosecutorial power. This bill would shift that power by requiring legislative approval, fundamentally changing how New Jersey participates in cases affecting state policy. The change could either enhance democratic oversight or slow the state's ability to respond quickly to important legal matters.

Potential points of contention

  • Executive vs. Legislative Power: Critics may argue this unconstitutionally restricts the Attorney General's traditional executive authority, while supporters contend it ensures democratic accountability for significant legal positions.
  • Operational Efficiency: Requiring legislative approval for each amicus brief could delay timely legal responses to urgent cases where intervention windows are narrow.
  • Selective Application: Concerns about whether the legislature would approve briefs consistently based on merit or partisan considerations, potentially politicizing the Attorney General's office differently than before.

Compiled from official sources — confirm details with the bill’s official record.

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