ASSEMBLY, No. 2406

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED FEBRUARY 6, 2014

 

 

Sponsored by:

Assemblyman  JOSEPH CRYAN

District 20 (Union)

Assemblyman  CHARLES MAINOR

District 31 (Hudson)

 

 

 

 

SYNOPSIS

     Requires AG to notify certain legislators of decision not to defend validity of challenged State statute in court.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act requiring the Attorney General to notify certain legislators of the decision not to defend the validity of a challenged State statute in court 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 the Attorney General is the head of the State Department of Law and Public Safety.  Also, under the Criminal Justice Act of 1970, the Attorney General is designated as the chief law enforcement officer of this State. 

     The Legislature further finds and declares that court rules require a party raising a question concerning the validity of a provision of a State law in any action in which the State is not a party to notify the Attorney General of the pendency of the action. 

     The Legislature further finds and declares that in two recent cases in which the constitutionality of the State law governing a private citizen's right to carry a handgun in public was challenged, the Attorney General chose not to defend that law on appeal to the Appellate Division of the New Jersey Superior Court.  In In re Pantano, 429 N.J.Super. 478 (App. Div. 2013), the owner of a landscape supply business who was denied a permit to carry a handgun unsuccessfully argued that his right to keep and bear arms under the Second Amendment was violated by the denial.  The Attorney General defended the constitutionality of the State's right to carry law at the trial level, but the Attorney General did not defend the case in the Appellate Division;  the Monmouth County Prosecutor acted as the State's attorney.  In In re Wheeler, ___ N.J.Super. ___ 2013, LEXIS 189 (App. Div. 2013), two retired arson investigators who were denied the right to carry permits in their capacity as retired police officers also unsuccessfully challenged the constitutionality of the State's right to carry law.  Similar to Pantano, the Attorney General defended the case in the lower court, but the case was defended by the Essex County prosecutor in the Appellate Division. 

     The Legislature further finds and declares that while it is within the purview of the Attorney General as the State's chief law enforcement officer to choose not to defend a challenge to a New Jersey State law, in the rare instance when the Attorney General does so, it is altogether fitting and proper that the Legislature be notified of that decision. 

 

     2.  Whenever the Attorney General chooses not to defend a challenge to a New Jersey State statute in this State's courts, the Attorney General shall notify the following legislators of that decision:  the President of the Senate; the Minority Leader of the Senate; the Speaker of the General Assembly; the Minority Leader of the General Assembly; the Chairperson of the Senate Law and Public Safety Committee; and the Chairperson of the Assembly Law and Public Safety Committee.

 

     3.  This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill would require the Attorney General to notify certain legislators when he or she chooses not to defend a challenge to a State law in court. 

     Under the bill, the Attorney General would be required to notify the following legislators when a decision is made not to defend such a case:  the President of the Senate; the Minority Leader of the Senate; the Speaker of the General Assembly; the Minority Leader of the General Assembly; the Chairperson of the Senate Law and Public Safety Committee; and the Chairperson of the Assembly Law and Public Safety Committee. 

     This bill is in response to the Attorney General's decision not to defend two cases in the Appellate Division of the New Jersey Superior Court in which the constitutionality of the State's right to carry law was unsuccessfully challenged.  While it is within the purview of the Attorney General not to defend a case, it is rare to do so and, as such, the Legislature should be notified of that decision.