The New Jersey State Bar Association urged the New Jersey Law Revision Commission (NJLRC) to study the use of the word “surrender” in matters involving the voluntary transfer of parental rights.
“A parent who is inclined to surrender their parental rights in the best interests of their child may not be deterred by the use of the term ‘surrender,’ but it is often a hurdle to emotionally overcome what is an already emotionally charged court proceeding,” said NJSBA President Jeralyn L. Lawrence. She urged a review of the child welfare statutes to consider a more accurate term, specifically the “voluntary transfer of parental rights.”
Judges often acknowledge that parents who voluntarily offer to terminate parental rights are acting in the best interest of their child and acting selflessly by placing the child’s welfare above their own.
The NJLRC will review NJSBA’s request for review.
NJSBA president convenes right to counsel implementation committee
Lawrence convened a special committee to recommend steps for implementing the recommendations contained within the Right to Counsel Committee report, Achieving Effective Representation in Right to Counsel Matters. The report, issued in April 2021, made 13 recommendations to replace or revise the current system of assigning Madden matters.
Attorneys are obliged to accept Madden assignments from the court, which makes random assignments by county in matters where an indigent person faces a consequence of magnitude. The assignments are a result of the decision in Madden v. Twp. of Delran, 126 N.J. 591 (1992), where the Supreme Court held that a litigant facing a consequence of magnitude is entitled to counsel. The report by the NJSBA’s Right to Counsel Committee last year pointed out that the Madden assignment system was a stop-gap system that commanded a more holistic, comprehensive approach that ensures competent, knowledgeable counsel represents indigent litigants and that attorneys are not unfairly tapped for an assignment disproportionate to their counterparts in other counties.
In reviewing implementation of these recommendations, the NJSBA intends to work with stakeholders, including the Public Defender’s Office, to ensure that the right to counsel for indigent litigants is met with effective counsel.
The members of the Right to Counsel Implementation committee are Diane K. Smith, NJSBA Trustee Amy Vasquez, Deana Walsh, NJSBA Trustee Eugenia Lynch and Deb Guston.
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.