Last week, the New Jersey State Bar Association testified before the Senate Judiciary Committee in support of S2437(Pou)/A4471(Ramirez). The bill directs the Office of the Public Defender to provide legal representation for criminal contempt violations in domestic violence matters. The NJSBA supports this bill, which concept was one of 13 recommendations in its report to address effective representation in matters where there is a right to counsel. Past NJSBA Trustee Eugenia Lynch testified on behalf of the Association.
“New Jersey has the primary obligation to provide effective counsel in matters implicating fundamental rights, which obligation is enshrined in the federal and state constitutions, case law and statutory law,” the NJSBA said in its written remarks to the Senate Judiciary Committee. “This bill ensures that litigants who have a constitutional right to counsel, but cannot afford counsel, receive equal access to justice through effective counsel as well as the support necessary to avoid repeat offenses.”
Public Defender Jennifer Sellitti testified of the importance of this bill, which she pointed out was one of the recommendations of the Reconvened Joint Committee on Criminal Justice. The Senate Judiciary Committee approved the bill with amendments to incorporate the ability for the Public Defender to appoint social workers to assist attorneys and clients who are charged with contempt. Sellitti testified in response to questions regarding funding, which is estimated to be about $7 million in the first year.
The NJSBA convened a Right to Counsel Committee to review the matters in which there is a right to counsel and determine the best way to address the needs of litigants in need of counsel to obtain experienced and knowledgeable representation. Currently, counsel is appointed off of the Madden list, which was created following the Supreme Court’s decision in Madden v. Delran and was meant as a stop-gap measure to pair litigants who cannot afford counsel, but have a right to counsel, with a licensed New Jersey attorney. The Right to Counsel Committee authored a report – Achieving Effective Representation in Right to Counsel matters – which made 13 recommendations to improve representation, including moving contempt of domestic violence matters to more experienced counsel in the Office of the Public Defender. The Supreme Court’s Working Group on Pro Bono Assignments relied upon this report in its own recommendations, which include this one.
The Reconvened Joint Committee on Criminal Justice echoed this recommendation in its own review of defendants facing domestic violence charges. This committee identified as an area of concern and an area for improvement the provision of resources to reduce recidivism. More specifically, the committee focused on recommendations to move away from pretrial intervention and toward therapeutic treatment and related resources to address the root causes of the criminal behavior. S2437 is one of four recommendations addressing domestic violence. The other recommendations include additional training for law enforcement and prosecutors to identify strangulation as a specific form of domestic violence and resources for victims during the pendency of a criminal or domestic violence case; legislation to require standards for abusive partner intervention domestic violence programs and resources to provide these services; and amending the Public Safety Assessment to enhance its accuracy regarding factors of domestic violence.
The bill was referred to the Senate Budget and Appropriations Committee. The NJSBA is closely monitoring this bill.
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.