Email sent to NJSBA members on March 22, 2007 – section regarding ELEC
regs
ELEC Lobbying Regulations Public Hearing
Paul Josephson of Hill Wallack and John Spinello of Kirkpatrick and Lockhart
appeared on behalf of the NJSBA on March 20 before the NJ Election Law
Enforcement Commission. At this public hearing, they testified on proposed
changes to the ELEC lobbying regulations that could include elements of the
practice of law in the definition of lobbying activities requiring many more lawyers
to register as lobbyists.
As part of the testimony, Mr. Josephson noted that attorneys were heavily
regulated by the NJ Supreme Court, and Mr. Spinello noted that the breadth of
the regulations were such that the present exemptions excluded many routine
activities which constituted the regular practice of law, particularly for
environmental lawyers.
At the conclusion of the testimony, the Commissioners appeared to agree that
new regulations needed to be promulgated which provided a better delineation
between lobbying and the practice of law. The Commissioners and staff seemed
to be in unanimity that the regulations would have to be re-proposed in a different
form and are looking to the NJSBA for guidance in suggesting a better way of
differentiating between the practice of law and lobbying. The NJSBA will submit
comments by April 23, 2007.