The full Legislature met at the end of June to vote on a number of measures important to the New Jersey State Bar Association. Here are some bills of note:
Mental Health Diversion Program
The NJSBA testified in strong support of S524 (Ruiz)/A1700 (Quijano), which creates the Mental Health Diversion Program to provide diversion opportunities for those diagnosed with mental health disorders who become court-involved. In his editorial on the topic, NJSBA President Timothy F. McGoughran advocated for its passage as a necessary step to put defendants on a path back to society.
“Contrary to some sentiments that diversion programs are soft on crime, the current treatment avenues in New Jersey are anything but a get-out-of-jail-free card,” said McGoughran. Heralding the success of the Essex County Prosecutor’s Office, which launched its mental health initiative in 2012, McGoughran said, “As legal professionals, lawmakers, and taxpaying residents of New Jersey, it is our duty to afford that opportunity to every member of society with a mental health disorder.”
The measure awaits the Gov. Phil Murphy’s sign off and the NJSBA continues to advocate for its final passage.
Strategic Lawsuit Against Public Participation (SLAPP) Legislation
The NJSBA cautioned against the passage of S2802 (Lagana)/A4393 (Mukherji), which would provide for an expedited process for dismissal of SLAPP lawsuits. The Association expressed concern that it singled out specific matters for expedited hearings in favor of others, which also merit expedited hearings.
“By singling out specific causes of action, this bill seemingly elevates those causes of action above other potential frivolous litigation that are equally as chilling,” said the NJSBA in a letter to the sponsors.
The bill awaits the governor’s signature.
Veterans’ Protections
The NJSBA supports S3292(Gopal)/A3286 (Danielsen), which would create a violation under the Consumer Fraud Act for anyone who receives compensation for assisting with or advising anyone on a veterans benefit matter, except as permitted under federal law. The Association noted that there have been circumstances where veterans have been taken advantage of by people attempting to profit by falsely advertising or deceiving veterans to pay for assistance that is otherwise available at no cost.
This bill awaits the governor’s signature.
Another measure to assist veterans was signed by the governor last week. S1388 (Singer)/A2527 (Murphy) establishes a Military Pro Bono Program to provide free legal representation to active-duty members of the Armed Forces, Reserve components, members of the National Guard and veterans. The Association took no position on this bill, and noted the organization offers its own assistance for veterans – the Military Legal Assistance Program.
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.