This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.
The NJSBA’s Right to Counsel Implementation Committee is hosting a Madden Summit to focus attention on the system of assignments of counsel to right to counsel cases pursuant to the decision of Madden v. Twp. of Delran, 126 N.J. 591 (1992). The Pro Bono Committee is co-sponsoring this event, which marks the 30th anniversary of the Madden decision, which held that the state has the primary obligation to provide effective counsel in matters implicating consequences of magnitude.
The summit will be held on Oct. 26. A large part of the conference will focus on a discussion among stakeholders on how to implement assignments such that indigent defendants receive effective counsel.
The Right to Counsel Committee issued a comprehensive report encompassing 13 recommendations including abolishing the Madden system of random assignments to uncompensated counsel and replacing it with a publicly funded system for the provision of effective representation and authorizing the Office of the Public Defender to take on certain matters.
“Appointment of unqualified, inexperienced attorneys in matters involving fundamental rights does little to promote the public’s confidence in the independence, integrity and impartiality of the Judiciary,” said the report. “Attorneys, too, have a role in providing public interest legal service however the bar cannot, on its own, fulfill the right to counsel in matters affecting fundamental rights.”
To register and complete a survey about Madden assignment experiences, visit njsba.com.