New Jersey Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in New Jersey, with full citations and the original source on every page.
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Can New Jersey contribute the entire state lottery enterprise to certain state pension funds for 30 years to help close the pension funding gap, without violating the state constitution?
Yes, in the Attorney General's view. As long as the State continues to operate and control the lottery (the Division of the State Lottery keeps running it, the State Lottery Commission keeps…
When a New Jersey state employee fills out the executive-branch financial disclosure form, do they have to list personal gifts from friends and family, or only gifts that are really compensation for some service?
Only gifts that are essentially compensation, such as honoraria-style gratuities tied to services rendered. Birthday presents and personal gifts from family and friends, which are not income, do not…
Did New Jersey’s September 2014 sports-wagering directive remain effective after the Legislature repealed the Sports Wagering Act?
No. The official cover says the October 17, 2014 repeal of the Sports Wagering Act made Law Enforcement Directive 2014-1 and Formal Opinion 1-2014 moot and no longer effective. The document records…
If a same-sex couple married in Massachusetts or entered a civil union in Vermont, would New Jersey recognize that relationship in 2007?
AG Rabner concluded in February 2007 that New Jersey would recognize out-of-state same-sex relationships, but would translate them into New Jersey's own categories: relationships providing all the…
Can New Jersey legally base your property tax credit on how much money you make, or does the State Constitution require all homeowners to be treated the same regardless of income?
Yes. The AG concluded that the Homestead Credit Clause permits the Legislature to use household income when setting homestead credit rates and limits. He considered the Uniformity Clause's…
Can a New Jersey judge or town clerk who performs marriages refuse to perform civil unions, and can a priest, rabbi, or imam refuse based on religious beliefs?
AG Rabner concluded in January 2007 that public officials who chose to perform marriages had to perform civil unions on the same terms (refusing was discriminatory under the Law Against…
When a New Jersey town council, school board, or other public body goes into closed (executive) session, do they have to take minutes of what was discussed?
Yes. The Open Public Meetings Act requires reasonably comprehensible minutes of 'all' meetings, and that includes closed/executive sessions, not just the public portions. The minutes don't have to…
Now that Congress has restored the public-safety exception to the federal Age Discrimination in Employment Act, can New Jersey again enforce the statutes that bar people over 35 from being hired as police officers or firefighters and require retirement at age 65?
In this 1997 opinion, the AG said the restored federal exemption allowed New Jersey to enforce its hiring-age caps and mandatory retirement rules again. People over 35 who were lawfully hired during…
When a New Jersey city council, board, or state commission has empty seats, do you count those vacant seats when figuring out whether you have a quorum to hold a meeting?
It depends on how the enabling statute is worded. If the statute sets a specific number ('5 directors of a 9-member board') or says quorum is 'a majority of all the members' / 'all the authorized…
If I'm homeless in New Jersey and don't have a permanent address, can I register to vote, and what address do I put on the form?
Yes. Homelessness alone cannot bar registration. The opinion describes a constitutional requirement of 30 days' residence in New Jersey and the county, plus a statutory requirement to vote in the…
When may New Jersey's Local Finance Board grant an additional exception to the municipal spending cap?
Only when something genuinely unusual and unforeseeable has driven up the cost of a service that is essential to public health, safety, or welfare. The Local Finance Board cannot grant a Cap Law…
If a developer started a New Jersey project before the Freshwater Wetlands Protection Act took effect, is the project exempt from the new state wetlands rules, and how is that exemption defined?
Yes, but the exemption is mechanical and tied to specific paperwork. A project is exempt if it received preliminary subdivision or site plan approval under the Municipal Land Use Law before July 1,…
Can a New Jersey county or town put a non-binding referendum on the ballot asking voters what they think about state tax law or state spending?
No. Counties and municipalities can only put non-binding referenda on their ballots about matters they themselves have authority to act on. State tax policy and state appropriations are committed to…
Can a New Jersey county pay for a court-ordered jail improvement using a 'special emergency appropriation' (and three-year notes) instead of putting the cost in its annual budget?
No, when the county already knew about the obligation at budget-writing time. The Director of Local Government Services must reject a final county budget that leaves out a known, foreseen liability…
Did New Jersey's 1989 anti-discrimination law protect a worker whose addiction involved illegal drugs, even after recovery?
The Attorney General said no. The 1989 opinion excludes current and former addicts whose addiction has involved illegal drug use. Addiction involving only legal conduct may qualify as a handicap,…
When New Jersey passed its 1985 law requiring the state pension funds to divest from companies doing business in South Africa, which companies and which funds were actually covered, and how was the Division of Investment supposed to apply the law in practice?
A company is 'engaged in business with or in South Africa' only if it has a physical presence there (offices, plants, factories) or operates there through controlled subsidiaries or affiliates; mere…
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Attorney general opinions in New Jersey are written by the New Jersey Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.