Senate panel unanimously clears Davenport for attorney general

A state Senate panel unanimously approved Jennifer Davenport’s nomination to be attorney general in a three-hour, Monday morning hearing. 

Davenport, now the acting attorney general, is the first of Gov. Mikie Sherrill’s nominees to testify before the Senate Judiciary Committee, which cleared her nomination after pressing her on immigration policies and the Office of Public Integrity and Accountability. She is expected to sail through the full chamber, and her confirmation could come as early as Feb. 23, the next scheduled Senate session.

“If confirmed, I will always seek to lead the Department of Law and Public Safety by bringing people together and listening to them, whether that’s within our divisions or with local, county, state, and federal law enforcement, with religious leaders from across states, or with other leaders and stakeholders from the communities we serve,” Davenport said at the hearing.

Sherrill nominated Davenport in mid-December, and she cleared senatorial courtesy in minutes after local state Sens. Vin Gopal (D-Long Branch) and Declan O’Scanlon (R-Little Silver) signaled they would support her nomination. Dozens of former federal prosecutors signed a letter backing Davenport’s confirmation on Monday, further buttressing her nomination.

Davenport will succeed Matt Platkin, an attorney general whom much of the Legislature disapproves. On Monday, Democratic and Republican senators accused Platkin of conducting political prosecutions or interacting with legislators in a manner that “felt threatening,” and asked Davenport to perform differently. Asked by state Sen. Mike Testa (R-Vineland) to give Platkin a grade, Davenport declined, saying she wished her successor wouldn’t grade her.

But Davenport did say she will address their concerns, including by taking a “fresh” look at the Office of Public Integrity and Accountability. The OPIA has faced criticism for a handful of failed prosecutions of public figures, including South Jersey power broker George Norcross III. A state judge and an appellate court have dismissed a 2024 racketeering indictment against Norcross and his allies, and now Davenport must decide whether to ask the state Supreme Court to revive the indictment. Davenport told reporters that her office is reviewing the case but declined to say whether she would appeal.

“I’m obviously aware of the scrutiny and the media reports that have been out there,” Davenport said about the OPIA. “I’m also aware that there are really dedicated career professionals looking to do and doing the right thing, day in and day out, and making sure that those cases are done properly. But we have to take a look, as you said, and I’ve already started to dive in on that priority.”

Minority Leader Anthony Bucco and Testa pressed Davenport on the Immigrant Trust Directive, which generally bars local and state police from cooperating with federal officials on civil immigration enforcement. Davenport said she plans to keep the directive in place (Sherrill has said the same), but would be open to clarifying the policy to local departments that Republicans have said are confused by the directive.

“If it’s confusion because it’s truly too hard to understand, that’s on me, and that’s on our office to make sure that we make [it] clear so everyone knows what it does and doesn’t do,” Davenport said.

Last week, Sherrill announced the state will launch a portal for residents to upload imagery of Immigration and Customs Enforcement operations in New Jersey; Davenport provided further details of the portal, saying it’s meant for state officials to analyze federal immigration operations, and that the portal would not publicize the locations of videos of ICE agents.

State Sen. Jon Bramnick (R-Westfield) asked Davenport if a ban on masks for ICE agents in New Jersey, a policy Sherrill has pursued, would be enforceable. She said it would depend on the specifics of the bill.

“I want to see the person that’s hitting me over the head with a club,” Bramnick said.