New Jersey faces a significant challenge in maintaining its system of public notification as newspapers transition to digital formats. For over a century, the state has required government agencies to publish legal notices in print to ensure transparency and accountability. However, with Advance Publications planning to cease printing its newspapers by February 1, 2025, there is an urgent need to update state laws regarding legal notices.
Marc Pfeiffer discusses the implications of this change, noting that "the Star-Ledger is the only newspaper that meets the state’s current legal requirements for government agencies and others to print legal notices that require state-wide distribution." The potential shift from print to online publication raises concerns about independence and accessibility. Simply moving notices to government websites could undermine these qualities.
Pfeiffer suggests a two-step approach for modernization. First, he proposes a temporary two-year measure allowing legal notices to be published in online facsimile editions of qualifying newspapers instead of physical copies. These digital versions must provide access equivalent to paper editions and maintain clear placement. He also recommends adjusting the per-line rate downward due to reduced digital publishing costs.
During this period, Pfeiffer advises forming a task force consisting of stakeholders, media experts, legal professionals, and technology specialists. This group would develop comprehensive recommendations for a permanent solution. Key questions include leveraging technology for improved accessibility, defining roles for new digital-only local news outlets, ensuring proper verification and archiving of notices, maintaining system independence while controlling costs, and exploring different content presentation methods.
Pfeiffer emphasizes the importance of operating under a fixed timeline—perhaps 6-9 months—to allow time for thoughtful reforms before implementation. Critics may argue against this deliberation given the imminent changes in newspaper publishing; however, Pfeiffer asserts that "the two-year interim solution provides breathing room" necessary for developing an effective modernization strategy.
The ultimate goal is balancing multiple needs: ensuring public access to information, maintaining independence from government control, supporting local journalism's watchdog role through revenue streams from legal notices, and utilizing new technologies effectively. By adopting this measured approach with careful consideration rather than rushing responses dictated by market changes alone will help New Jersey create a modernized legal notice system serving well into the digital age.
