What is the Department of the Public Advocate?

The New Jersey Department of the Public Advocate (Public Advocate) is a department of the state government. The Public Advocate's purpose is to keep a watch on other local and state government agencies to make sure that they are correctly serving the public. If you have experienced problems with government agencies, health care, insurance, or utilities, you can bring a complaint to the Public Advocate. The Public Advocate can also help the elderly, disabled persons, or others who may be victims of abuse or neglect.

Has New Jersey always had a Public Advocate?

New Jersey citizens have not always had a Public Advocate. In 1974, the Public Advocate was created. It served the public for almost 20 years, until it was eliminated in 1994. In 2005, Governor Richard Codey signed a bill (law) that restored the Public Advocate. Governor Corzine completed the process by selecting a person to hold the position of Public Advocate. On March 27, 2006, the Department of the Public Advocate officially opened.

What does the Department of the Public Advocate do?

The Public Advocate helps New Jersey citizens gain access to the numerous agencies and departments that make up New Jersey state government. It also works for changes in laws or policies that will benefit New Jerseyans. In some cases, it may bring lawsuits on behalf of people who need protection or are denied their right to services or benefits.

How is the department organized?

In order to help so many different groups of people with so many different types of problems, the Public Advocate is divided into different sections (divisions). Each of the divisions helps a different group of people, or handles a different kind of problem:

• The Division of Developmental Disability Advocacy takes complaints from people with developmental disabilities. (Examples of developmental disabilities include cognitive impairment, cerebral palsy, epilepsy, autism, spina bifida, and neurological impairment.) People with these types of disabilities are often residents or patients in special state facilities. The division also works to develop new laws that help people with developmental disabilities.
  
  
• The Division of Mental Health Advocacy takes complaints on behalf of patients who are residents of state-funded mental health facilities or clients of state-funded mental health programs. This division also includes a specialized office:
  
  
  • The Division of Mental Health and Guardianship provides legal representation to a variety of people with mental illness, including people who may have to be voluntarily or involuntarily committed to state psychiatric facilities, people convicted of certain types of sexual offenses who must be evaluated after serving their prison sentences to determine if they need to be further committed to treatment facilities, and people with developmental disabilities who need to have a guardian appointed to help them perform tasks that they cannot perform themselves.
    
    
• The Division of Elder Advocacy protects elderly New Jersey citizens by assisting them in legal proceedings or other situations involving their rights or interests. There are two specialized offices in this division:
  
  
  • The Ombudsman (People’s Advocate) for the Institutionalized Elderly, and
  • The Nursing Home Ombudsman.
    Both of these offices investigate complaints from residents of long-term health care facilities who may have been abused, neglected, or exploited. In some cases, the offices will take legal action on behalf of the complaining party. In other cases, they will refer that individual to other services. The information given by the person calling and that person’s identity are kept anonymous, and the case files of these offices are closed to the public.
    
    
• The Division of Rate Counsel protects consumers by representing them in lawsuits and other matters against gas, electric, cable television, and water companies. In some special cases, the division will handle automobile, health, and other matters involving rates on certain other specific types of insurance. The goal of this division is to ensure that all consumers in New Jersey receive safe, adequate, and proper utility service at a reasonable and affordable rate. This division also includes the following special division:
  
  
  • The Division of The Ratepayer Advocate. The Ratepayer Advocate becomes a party in every case where a public utility files an application with the Board of Public Utilities (BPU) seeking permission to change its rates or services. The Ratepayer Advocate thoroughly investigates all aspects of the cases filed with the BPU on behalf of the consumer. The attorneys of the Ratepayer Advocate also negotiate and work with the BPU to settle disputes and set policies that are in the public’s best interest.
    
    
• The Division of Citizens Relations handles complaints from members of the public about state and local agencies and government offices. There are also two specialized offices in this division:
  
  
  • The Office of the Corrections Ombudsman accepts complaints from inmates in correctional institutions, and
  • The Office of Dispute Settlement helps individuals, businesses, or other agencies involved in lawsuits to reach agreeable settlements. The office also provides training for those who wish to become negotiators or mediators.
    
    
• The Division of Public Interest Advocacy investigates complaints about laws, policies, or institutions that are supposed to be serving the public interest. This division may bring lawsuits on behalf of low-income people, the elderly, people with mental illness or developmental disabilities, consumers, or any other New Jersey citizen wronged in some way by an institution or agency, or by a law that needs to be changed.

Does the Department of the Public Advocate protect children?

The Department of the Public Advocate does not have a division specifically assigned to protect children. There is a separate Office of the Child Advocate for this purpose. The Public Advocate works closely with the Office of the Child Advocate and refers complaints concerning children to that office. Office of the Child Advocate information.

What are some examples of the kinds of problems that citizens may bring to the Public Advocate?

The following list shows some types of matters that may be handled by the Public Advocate:

• Failure of a state psychiatric hospital to have hot water in the winter, causing patients to shower in cold water;
• Poor conditions, including no air conditioning, holes in the roof, rodents, and patient overcrowding at a state mental health facility;
• Inmates of a county jail charged unreasonable fees to use a 900 number to find out public information like the amount of bail or whether criminal charges were filed;
• Physical office conditions at a field office of the Division of Youth and Family Services (DYFS) that could put a child at risk of being hurt;
• School districts using buses that failed inspection and are in bad repair to take children to and from school; and
• Families charged unreasonable funeral charges and for services not requested.

It is important for New Jersey citizens to contact the Public Advocate with any concerns that they may have, even if they are unsure whether they are calling the right agency. Individual complaints from individual citizens can show lawmakers the need for new laws to protect the public. While the Public Advocate cannot directly handle all complaints brought by the public, whenever possible it will give assistance of some kind to those calling. That assistance may include referrals to other resources.

This article appeared in the April 2007 edition of Looking Out for Your Legal Rights ®.