The Essential Qualities for the Next Attorney General of New Jersey
What does it take?
Governor-elect Mikie Sherrill’s choice for attorney general will be consequential.
Whoever she decides to nominate, the candidate - if confirmed - will have a significant degree of independence and lead a vast department of over 8,000 employees across 24 divisions, offices, and commissions as the state’s chief law enforcement officer and its chief lawyer. The work of the department impacts the lives of millions in this state. Nothing of consequence happens in New Jersey without passing through the attorney general’s office in one way or another.
During my tenure in New Jersey government, I worked closely with four attorneys general under Democratic and Republican administrations. Each of them brought their unique perspectives to the role and their own leadership style. But despite the differences among them, the job requires, in my view, certain core, nonnegotiable qualities from the officeholder to be effective and successful. Here are the top three that the Governor-elect should consider.
Integrity
The role of attorney general is powerful, very powerful. On the criminal side, not only does the attorney general prosecute major criminal offenses like public corruption, but they also oversee “the administration of criminal justice throughout the state” and supervise all twenty-one county prosecutors. The New Jersey State Police reports directly to the attorney general, and the attorney general has supervisory authority over all state and local law enforcement officers. On the civil side, the attorney general regulates countless professions and businesses, enforces consumer protection and civil rights laws, and through a combination of statute and executive order, acts as the exclusive lawyer for the administration.
Integrity is not only ideal, but necessary. Considering the immense power and scope of the office, the attorney general must have a deep, moral compass to align their decisions with the best interests of the people that they serve. “Power tends to corrupt,” so an old adage goes, and “absolute power corrupts absolutely.” With recent corruption scandals as a reminder, backstops - like personal integrity and a robust culture of ethics and compliance - are crucial. In other words, when the attorney general wakes up each morning, their first thought must be laser focused on improving the lives of the people of New Jersey.
Judgment
When a controversy or issue reaches the attorney general, the right answer is rarely apparent. So much of the role is left to discretion, and while advisors can certainly guide, the attorney general will often be the sole decision-maker.
A former attorney general would frequently quip that in the role, he did not need to be the smartest lawyer in the room (though he was quite smart) as long as he exercised sound judgment. Yes, but to go one step further, the attorney general should not only surround themselves with smart and capable leaders to inform their judgment, but should also be intellectually curious. Asking the right questions is often more important than knowing all of the answers, on top of having an acute awareness of the current political environment. And with those answers, the ability to connect the dots between what may appear to be unconnected matters at first to arrive at a fully informed decision will pay dividends.
Emotional Intelligence
Much of the attorney general’s role is public facing. From legislators and public officials to community stakeholders and ordinary constituents, the attorney general and their team are constantly navigating personalities to advance the office’s priorities as well as the governor’s policy initiatives. To say that the job requires a high degree of emotional intelligence is an understatement. For a successful tenure, it’ll be critical to overcome roadblocks, properly assess the interests at stake, and ultimately persuade and lead.
The same applies internally to leading a department of thousands of employees. An attorney general can have all of the priorities in the world, but unless they can motivate a dedicated workforce to implement, those priorities may simply be relegated to words on paper. The ability to empower the staff, respecting the institutional insight that they bring, will make the difference.
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At bottom, many of the core competencies needed to be an effective attorney general are not so different from those of an effective leader at a large organization. The difference here, however, is the stakes, and today, the stakes are high. The expansive powers of the attorney general, coupled with the stresses imposed on our democracy, call for an attorney general that acts with integrity and resolve, and on behalf of the people.
As a resident of New Jersey, I hope that Governor-elect Sherrill chooses wisely.
Rahat N. Babar is the deputy executive director and general counsel at the National Asian Pacific American Bar Association and a former judge on the Superior Court of New Jersey. He previously served in senior positions in the New Jersey Attorney General’s Office and in the Murphy Administration.