The state Supreme Court will not regionalize or create a statewide model for assignment of Madden counsel, the Court announced in a Notice to the Bar addressing a recommendation by the Working Group on Pro Bono Assignments to examine how matters are assigned to attorneys. The Court also said it would refine data collection practices and statistical analysis regarding Madden assignments and would explore an Attorney Online Registration System to collect information to improve pro bono assignments.
The New Jersey State Bar Association made recommendations on Madden assignments, including that in anticipation of fully abolishing Madden assignments, the Court consider regionalizing assignment pools, rather than assigning attorneys by county; and publishing comprehensive data on right to counsel matters and assignments.
The Court noted recent developments impacting Madden assignments, including establishing a unit within the Office of the Public Defender to provide legal representation for anyone on parole charged with a violation of parole or who is under consideration for parole revocation. These matters were usually assigned to attorneys from the Madden list. The Court also recognized S2437 (Pou), which would direct the Office of the Public Defender to provide legal representation for contempt of domestic violence cases. These represent the highest percentage of Madden assignments.
“In light of these enacted and potential changes to the types and volume of cases handled by the Office of the Public Defender, as contrasted to those cases potentially requiring court assignment of Madden counsel, the Court has considered only certain portions of the Working Group’s report and recommendations,” said Judge Glenn A. Grant in the Notice to the Bar.
In addition to declining to regionalize Madden assignments and enhance data collection and analysis of Madden assignments, the Court promulgated a form to be used by defendants applying for Madden counsel. The Judiciary created a packet for litigants who want to apply for a Court Appointed Attorney and explained who is eligible.
The NJSBA drafted a comprehensive report – Achieving Effective Counsel in Right to Counsel Matters – that the Working Group relied upon in making its own recommendations to the Court. In addition to calling for the abolition of Madden assignments in favor of publicly compensated counsel, the Right to Counsel Committee of the NJSBA underscored the importance of providing effective counsel by pairing attorneys with expertise in a particular matter to the assignment. Those recommendations also included avenues for attorneys to provide pro bono work consistent with their skills. The NJSBA has advocated for S2437 to be passed into law and continues to work with stakeholders to abolish Madden assignments.
Here is a full copy of the Notice to the Bar and Pro Bono Attorney Application Packet.
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.