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 New Jersey State Bar Association hosted a program to promote a discussion on the current state of the Madden assignment system that matches attorneys with indigent litigants entitled to counsel in certain matters. The Madden Summit was co-sponsored by the Right to Counsel Implementation Subcommittee and the Pro Bono Committee and welcomed county bar associations and legal service providers to discuss recommendations made by the NJSBA in its report—Achieving Effective Representation in Right to Counsel Matters.
“When an attorney is assigned, it is important to ensure that the litigant not only has legal representation, but is guided by an attorney who has the expertise to offer proper counsel on that specific matter,” said NJSBA president Jeralyn L. Lawrence. “This attorney should be able to serve without impeding their own obligations—both ethically and professionally—to represent their client effectively.”
Lawrence kicked off a presentation outlining the history of Madden assignments, stemming from the New Jersey Supreme Court’s decision in Madden v. Township of Delran and the ethics of representing a Madden client. The consensus was that the current assignment system must be fixed and attendees shared their views on potential fixes.
“We’re enabling a system that provides substandard representation for the indigent,” said one attendee on the current Madden assignment system. The comment was made following a discussion of attorney experiences regarding the assignment of counsel unfamiliar with the area of the law invoked by the matter assigned.
The NJSBA commissioned a committee to analyze the issue of effective representation in right to counsel matters, resulting in the report with 13 recommendations. Those recommendations were presented to the Supreme Court and are now being considered as part of the Supreme Court’s Working Group on Pro Bono Assignments. Two members of the Right to Counsel Committee and Right to Counsel Implementation Committee are a part of the working group.
Panelists who participated on the program were Diane K. Smith, Edward Zohn, NJSBA Trustee Amy Vasquez, Sharon Yoo, Joseph Russo and Deb Guston. The NJSBA continues to monitor this issue and advocate for changes both in the Judiciary and the Legislature in furtherance of its recommendations to address the Madden assignment system.