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Learn more about New Jersey Attorney General’s Opinions

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NEW JERSEY ATTORNEY GENERAL’S OPINIONS.

Under New Jersey law, NJS 52:17A-4(e), the New Jersey Attorney General, acting through the Division of Law, is the sole legal adviser for all state agencies, boards and authorities, and is also responsible for interpreting all statutes and legal documents for those clients. One of the methods by which the Division discharges that statutory responsibility is by issuing legal opinions. The Attorney General may issue a Formal Opinion, Informal Opinion or a Memorandum of Law. Formal opinions and memoranda are published in print and electronically.

Opinion of the Attorney General, Respecting Assembly Bill No. 388, In Reply to A Resolution of The House of Assembly

Informal opinions are not made available to the public. The agency that requested an informal opinion has a discretion to release it to the public. There exists an attorney-client relationship between the Attorney General’s Office and the state agencies to which it provides legal advice. That relationship is codified in NJS 52:17A-4.   A unit of State government is a client for purposes of the attorney-client privilege, and consequently any legal opinion provided by the Attorney General to a state agency is shielded from disclosure (Paff v. Division of Law 412 NJ Super 140).

Attorney General opinions may cover a wide range of issues that affect New Jersey citizens such as the constitutionality of a property tax rebates bill (Formal Op. 2-2007) and the recognition of same sex marriages performed outside New Jersey by couples who intend to file joint tax returns in New Jersey (Formal Op.1-2007).

Attorney general Opinions are very important. On July 25, 2007, the Editorial Board of the  New Jersey Law Journal in an editorial titled “Bring Back Attorney General Opinions” made a clarion call for the “revival” of Attorney general opinions.

The website of the Office of the Attorney General has a list with active links to  formal opinions.

The New Jersey State Publications Digital Library has a collection titled Formal Opinions of the Attorney General, which is freely available to any researcher.

Formal opinions are also available on Westlaw, Lexis, and Heinonline. The New Jersey State Library provides onsite patron access to these law databases.

Written by Jones Addo, Law Librarian

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