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.
Following the passage of legislation to provide legal counsel to juveniles, the Administrative Office of the Courts issued a directive providing guidance for courts and litigants regarding representation of people under age 18 charged with an indictable offense or act of delinquency. N.J.S.A. 2A:158A-26 makes all juveniles eligible for representation by the Office of the Public Defender at no cost to the juvenile.
Juveniles will not need to complete an Application for Assignment of Counsel (5A) because eligibility is automatic. They will be afforded counsel “at every critical stage in the proceeding that in the opinion of the court, may result in the institutional commitment of the juvenile.” This representation will include all mandatory hearings. Non mandatory hearings are defined as:
- Those in which the juvenile will meet with judiciary volunteers, such as the Juvenile Conference Committee, or a staff person in an Intake Service Conference;
- Where the juvenile is being referred to a county Family Crisis Intervention Unit for services; or
- Where the juvenile will appear before a juvenile referee.
With regard to non-mandatory hearings, the enumerated programs are available for less serious offenses and where the outcomes do not result in the youth being placed in a detention center.
Furthermore, the Prosecutor’s Office is also not in attendance at these proceedings. However, the juvenile may request counsel, at which point the matter will be listed on the formal calendar and heard by a judge with the public defender present.
In delinquency cases, a public defender will also be provided for those who committed the act and has been charged under the age of 18, but are now over age 18. A public defender will also be available for an individual who is over the age of 18 and charged with a violation of probation based on an adjudication of a delinquency that occurred while the individual was under 18.
The NJSBA supports the right to counsel and an expansion of that authority through the Office of the Public Defender. It did not specifically take a position on this legislation. To access the directive, go to njcourts.gov.