Bill Text: NJ A3099 | 2022-2023 | Regular Session | Introduced
Bill Title: Provides exception for Legal Services of New Jersey and other public interest organizations and certain other organizations from confidentiality of certain eviction actions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-03-07 - Introduced, Referred to Assembly Judiciary Committee [A3099 Detail]
Download: New_Jersey-2022-A3099-Introduced.html
Sponsored by:
Assemblywoman ANNETTE CHAPARRO
District 33 (Hudson)
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)
SYNOPSIS
Provides exception for Legal Services of New Jersey and other public interest organizations and certain other organizations from confidentiality of certain eviction actions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the confidentiality of certain eviction actions and amending P.L.2021, c.189.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2021, c.189 (C.2A:42-146) is amended to read as follows:
3. a. [Any] Except as provided in subsection b. of this section, any New Jersey public entity that maintains a written or automated record or file of emergency period nonpayment court records shall take appropriate actions to ensure that these records are kept confidential and unavailable to the public.
b. (1) This act shall not prohibit the courts or other New Jersey public entities from retaining or distributing demographic information from emergency period nonpayment court records for the purpose of understanding the effect of the COVID-19 pandemic on evictions, or for other public purposes, so long as personally-identifiable information on persons who are the subject of emergency period nonpayment court records remains confidential.
(2) The provision of subsection a. of this section shall not prohibit access to nonpayment court records by Legal Services of New Jersey or other non-profit public interest organizations, law school clinical and pro bono programs certified by the New Jersey Supreme Court under the New Jersey Rules of Court, Rule 1:21-11(b) regardless if any notice of appearance has been entered when acting on behalf of a party in an individual matter, and including non-profit and for-profit organizations that contract with or serve as authorized agents or grantees on behalf of the Department of Community Affairs, when necessary to fulfill the purposes of the contract or agency.
c. The Supreme Court of New Jersey may adopt rules, and the Administrative Director of the Courts may issue directives and guidelines, to implement the purposes of this act.
(cf: P.L.2021, c.189, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill provides an exception for Legal Services of New Jersey and other non-profit public interest organizations, law school clinical and pro bono programs from the confidentiality imposed by N.J.S.A.2A:42-146, and including non-profit and for-profit organizations that contract with or serve as authorized agents or grantees on behalf of the Department of Community Affairs, when necessary to fulfill the purposes of the contract or agency.
Prior to enactment of N.J.S.A.2A:42-146, Legal Services of New Jersey and other public interest advocates had the ability to view a court case to determine the status, facts alleged, and other relevant information needed to provide informed advice to unrepresented tenants. Without this exception, Legal Services of New Jersey and other public interest and other organizations under the bill will be unable to provide immediate legal assistance to unrepresented tenants, or to make informed decisions on the merits or need for referral of a particular case.
This bill provides that confidentiality of records imparted by N.J.S.A.2A:42-146 does not prohibit access to court records for Legal Services of New Jersey attorneys or for attorneys of other non-profit public interest organizations certified by the New Jersey Supreme Court under the New Jersey Rules of Court, Rule 1:21-11(b), irrespective of whether the attorney has entered a notice of appearance in a particular case. Public interest organizations, law school clinical pro bono programs, and federal, state, and local governmental entities can apply for yearly certification under Rule 1:21-11(b) if the organization provides qualifying pro bono services as defined under Rule 1:21-11(a) of the court rules, including non-profit and for-profit organizations that contract with or serve as authorized agents or grantees on behalf of the Department of Community Affairs, when necessary to fulfill the purposes of the contract or agency.
