The New Jersey State Bar Association argued that the Madden system of assignments is an obstacle to equality and a disservice to indigent defendants, during its appearance as amicus curiae in Camden County. Assignment Judge Deborah Silverman Katz heard the NJSBA’s position on the issue of whether attorney Michael Haya should be relieved of his Madden assignment. Haya received an assignment off of the Madden list to represent an indigent defendant on a charge of contempt of domestic violence.
“We are asking this court to find that the Madden system of random assignments does not meet the constitutional mandate to provide effective assistance of counsel to indigent defendants,” said NJSBA President Jeralyn L. Lawrence, who argued the matter for the NJSBA.
Judge Silverman Katz posed questions to the attorneys on whether relief would come by way of simply relieving Haya, which would dispose of the case and stop short of dealing with the constitutionality. But the NJSBA argued that constitutionality was exactly why the issue was before the court.
If Haya is relieved, said the judge, another attorney will come off of the Madden list because she knew of no other authority allowing her to compel the Office of the Public Defender to represent Burgos, or to order any other funding for effective representation. While the NJSBA favors relieving Haya, it has argued that would not resolve the problem with the Madden assignment system.
Judge Silverman Katz acknowledged that she was grappling with the many issues in this matter.
“I don’t know any judge that envies my position,” said Silverman Katz. The judge must decide not only whether to relieve Haya and whether the Madden system fulfills the constitutional requirements for representation unconstitutional, but how to address the underlying matter of State v. Burgos.
Also up for discussion was Haya’s responsibility to identify an attorney to represent the defendant.
“How can we compel Mr. Haya to retain an attorney when we can’t even compel the indigent defendant to do so?” posited Lawrence. She pointed out that this was not an attorney issue, however. “This is about the right of indigent defendants to have effective counsel.”
Haya is a licensed attorney who has not actively practiced since 2000. He is a computer programmer who provides consultation on retirement benefits. “Respectfully, if the judiciary needed help with computer programming or retirement benefits, Mr. Haya would be the appropriate person,” said Lawrence.
Judge Silverman Katz granted NJSBA’s motion to appear as amicus curiae and will issue a written opinion soon.
The NJSBA issued a resolution calling upon Chief Justice Stuart Rabner and leaders of the Legislature to abolish the Madden system in favor of a publicly funded compensated counsel system. Recommendations to address this issue are outlined in the NJSBA’s report, Achieving Effective Representation in Right to Counsel Matters. The full report may be found at njsba.com.
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.