A 5280 New Jersey General Assembly · 2024-2025 Regular Session

Restores Department of Public Advocate as principal department in Executive Branch.

# Public Advocate Restoration Act of 2018 - Summary This bill would restore the Department of the Public Advocate as a principal department in New Jersey's Executive Branch. The document details a comprehensive restoration of the department, which was first established in 1974, abolished in 1994, restored in 2005, and then abolished again in 2010. ## Key Provisions The restored Department of the Public Advocate would consist of seven divisions and one office: 1. **Division of Administration** - Would prepare the department's budget, fulfill personnel requirements, and conduct relevant research. 2. **Division of Citizen Relations** - Would receive and investigate complaints about agency actions, and would include: - Corrections Ombudsperson (previously in the Department of the Treasury) - Dispute Settlement Office (previously in the Office of the Public Defender) 3. **Division of Mental Health Advocacy** - Would advocate for mental health rights. 4. **Division of Advocacy for the Developmentally Disabled** - Would promote and ensure adequate care for persons with developmental disabilities. 5. **Division of Rate Counsel** - Would represent public interest in utility and service rate proceedings. 6. **Division of Public Interest Advocacy** - Would represent public interest in administrative and court proceedings. 7. **Division of Elder Advocacy** - Would represent interests of elderly adults (including the New Jersey Long-Term Care Ombudsman, previously in the Department of the Treasury). 8. **Office of the Child Advocate** - Would be established within the department but remain independent of supervision and control by the department. ## Leadership Structure - The department would be headed by a Public Advocate, appointed by the Governor to serve during the Governor's term of office. - The Public Advocate would have the authority to appoint division directors, office directors, and ombudspersons. - An Assistant Public Advocate would be appointed to serve during the absence or disability of the Public Advocate. ## Key Philosophy The bill emphasizes that the primary duty of all staff members is to the individual client, with the same protections as private legal representation. It also establishes strong attorney-client and work product privileges for the department. ## Significance This bill would restore a critical government department focused on advocating for vulnerable populations including the indigent, elderly, children, and those with mental health and developmental disabilities. It aims to consolidate previously diffuse advocacy functions into a single, more effective department. The bill is based on P.L.2005, c.155, which was the previous restoration of the Department of the Public Advocate before it was abolished again in 2010.
Sub-Topics: Courts
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 10, 2025 Last action Feb 10, 2025
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Feb 10, 2025
Introduced
Introduced in the Assembly, Referred to Assembly State and Local Government Committee
lower
3 primary · 1 co-sponsor

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