A bill that would move contempt of domestic violence matters from the Madden assignment list to the Office of the Public Defender is being considered by the Senate Budget and Appropriations Committee on Monday. S2437 (Pou)/A4471 (Ramirez) already passed the Senate Judiciary where Public Defender Jennifer Sellitti testified that her office supports the move and asked for funding. The New Jersey State Bar Association strongly supports this bill as one of its key recommendations in a report calling for the abolishment of Madden assignments.
In 2021, the Association issued a report – Achieving Effective Representation in Right to Counsel Matters – which included 13 recommendations to address the state’s constitutional obligation to provide effective assistance of counsel to individuals who have a right to counsel, but are unable to afford one. Among those recommendations is to move contempt of domestic violence matters, which make up the majority of Madden assignments, to the Office of the Public Defender because those cases are more aligned with their current work. The NJSBA consulted with then-Public Defender Joseph Krakora on the issue.
“Specifically, Public Defender Krakora agrees that the OPD is best positioned to provide effective counsel in [contempt of domestic violence matters] for which the [NJSBA Right to Counsel Committee] recommends authorizing legislation and additional funding for the OPD,” said the NJSBA in its report. Other recommendations have since been implemented, including having the OPD represent individuals in parole matters and an increase in pool attorney fees.
Madden assignments arose out of the holding in Madden v. Twp. of Delran, 126 N.J. 591 (1992) when the Supreme Court held that indigent defendants are entitled to representation and urged the Legislature to take action, but stopped short of ordering such action. Instead, the Court created the current Madden system providing a random appointment of counsel to represent individuals who could not afford counsel and who are facing a consequence of magnitude. The Court recognized that this was a stop-gap measure until the Legislature acted.
Following the release of this report, the Supreme Court undertook its own Working Group on Attorney Pro Bono Assignments, which acknowledged and relied heavily on NJSBA’s report for its own recommendations. The NJSBA continues to monitor steps toward ending Madden assignments declaring it an “obstacle to equality.”
“Principles of fundamental fairness dictate that if representation is constitutionally mandated, that representation must be effective,” said the NJSBA in its report. “Implementation of its recommendations will ensure that the promise of equal justice and due process in matters of fundamental rights is no longer illusory for people in need.”
For a full copy of the NJSBA report as well as the Supreme Court’s report, click here.
Equitable Outcomes in Child Support Collection Act Up for Consideration Next Week
The Senate Budget and Appropriations Committee will consider S2331 (Ruiz)/A3517 (Speight), which would stop the collection of child support or any unpaid outstanding arrears by the NJ Division of Child Protection and Permanency (DCPP) during the period of time while the child is in DCPP’s care or custody. The NJSBA supports this bill because it advances the objective that parents who are working to reunify with their children will not be precluded from achieving the goals of reunification and stabilization due to state-imposed child support obligations.
The Association urged the Supreme Court to consider a rule change to implement this practice; however the Courts have referenced pending legislation to achieve this goal. The Association continues to monitor this bill.
eCourts Now Available for Chancery Filings
The Supreme Court encouraged attorneys to file pleadings and other documents in cases pending in the Superior Court, Chancery Division, General Equity, through eCourts starting Oct. 1. Guidance on how to file through eCourts is available on the Judiciary’s website.