What comes next for Democrats in Trenton? Scutari, Coughlin ponder lame-duck agenda

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Less than 48 hours after New Jersey Democrats retained control of the state Senate and expanded their majority in the Assembly, legislative leaders took a victory lap at the Statehouse in Trenton on Thursday.

Senate President Nick Scutari called Tuesday a “good day for democracy,” and Assembly Speaker Craig Coughlin said it was an “exciting night for all of us and, I think, for the state of New Jersey."

Both emphasized that their party's victory was so decisive because they better understand the concerns of New Jersey voters.

But now that there is a stronger — though not official — idea of what the Legislature will look like for the next two years, it’s time for lawmakers to get back to the business of governing.

More from the Statehouse: What does New Jersey Gov. Phil Murphy do all day? A look behind the scenes

What comes next?

Though there has been nothing productive in the Legislature since June 30, the day the budget was signed and the start of the summer recess, both Scutari and Coughlin are mum on what to expect during the eight-week lame-duck session set to start later this month.

They would not rule anything out, nor would they commit to any specifics about what might crop up on the agenda in the coming weeks.

Governor Phil Murphy arrives to the Assembly and is greeted by Assembly Speaker Craig Coughlin and Senate President Nicholas Sutari before Murphy to delivered New Jersey's 2023 State of the State address in Trenton, NJ on January 10, 2023.
Governor Phil Murphy arrives to the Assembly and is greeted by Assembly Speaker Craig Coughlin and Senate President Nicholas Sutari before Murphy to delivered New Jersey's 2023 State of the State address in Trenton, NJ on January 10, 2023.

“We're going to talk about how we have to finalize our lame-duck agenda,” Coughlin said. “This is something that we've worked on — at least we’ve had preliminary discussions before and we will continue to work on.”

Liquor license reform

Gov. Phil Murphy has already expressed interest in liquor license reform, but legislative leaders were less decisive. Coughlin said he thinks the state has already “taken a step forward in terms of liquor license reform” but that he would like to see what his members and the governor have in mind.

“I can tell you, it is something that has been the topic of discussion among members for probably as long as I've been in the Legislature,” Coughlin said. “We will continue to look at what the governor proposes. We'll listen to our members. Almost all of them have some opinion on liquor license reform, so we'll use the governor's suggestions as the starting point for that conversation.”

Murphy: Liquor license laws deserve 'comprehensive' reform

Judicial vacancy crisis

There are also judicial nominations to be heard by the Senate Judiciary Committee, including 26 potential Superior Court judges.

Hunterdon, Somerset and Warren counties haven’t hosted civil or marital trials since February, and Passaic County was put on hiatus in July. That means no trials for things like divorce or custody.

In May, state Supreme Court Chief Justice Stuart Rabner said that if a seat is left vacant for a few months, the impact can be “modest.” But, he said, when judicial seats are left open for years, which has been the case throughout the state, significant delays can be expected.

The state has 64 vacancies now and is expecting one more each this month and in December.

“We can only consider for confirmation the nominations that are given to us, and if they don't give them to us we can’t consider them, so we can be clear about how that process works,” Scutari said.

The Senate president went on to say the Judiciary Committee will consider renominations first before moving on to “concentrate on new judges.”

Scutari also said the Senate takes the job of considering potential jurists “extraordinarily seriously, because most of the folks that get up on that bench or in other positions of authority are there for life.”

Though there was mention in June of a potential summer session to advance more judges, Scutari said Thursday that “for a variety of reasons the nomination was not ready for consideration.”

Lingering crisis: Will NJ's judicial vacancy crisis extend beyond the fall election?

'Modernization' of OPRA forecast

Another thing Coughlin said “could come up” during the next two months is a “modernization” of the Open Public Records Act (OPRA).

“OPRA has been in place for 20 years. Everything evolves,” he said. “Technology evolves, the nature of the request evolves, and so working in our house to look at those and the timing will be when it's right.”

Scutari echoed that sentiment and said much of the information is available online, before going on to say that the “way in which OPRA has been in some cases weaponized and just made cottage industries has cost taxpayers.”

OPRA is a law that requires local, state and county government agencies to provide the public with access to government records in New Jersey.

What to know: The need to update NJ's open records law surfaced at a Senate budget hearing.

Casino smoking likely on docket

Smoking in casinos is another topic that Coughlin confirmed “will certainly be under consideration during the lame-duck period.” He said both houses have bills that have been discussed for “some time now” but that there is “probably some room for negotiations” on lingering issues.

Earlier in 2023: Why won't the NJ Legislature move to ban smoking in Atlantic City casinos?

School book bans, too

A bill proposed by state Sen. Andrew Zwicker, a Somerset County Democrat who was just reelected, that would cut aid to school districts that pass ordinances or resolutions designed to ban books will also be talked about as a potential part of the agenda, Coughlin said. He noted that “for anybody who thought that banning books was a good idea, Tuesday was a really bad night.”

Katie Sobko covers the New Jersey Statehouse. Email: sobko@northjersey.com

This article originally appeared on NorthJersey.com: NJ Legislature 2023: What is next for lame duck Democrats?