The Senate adopted S2437 (Pou), which would direct the Office of the Public Defender to represent individuals who cannot afford counsel and have been charged with contempt of domestic violence cases. The bill is central to the New Jersey State Bar Association’s recommendations to abolish the Madden system of random assignments for individuals who cannot afford counsel.
“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,” the NJSBA stated in its written remarks.
Contempt of domestic violence cases represent the largest share of assignments to New Jersey attorneys under the Madden system. This system, a result of the state Supreme Court’s ruling in Madden v. Delran Twp., authorizes judges to assign New Jersey attorneys, regardless of their experience, to matters where there is a constitutional right to counsel. The NJSBA issued a comprehensive report urging the Judiciary to reconsider this system of random assignments, calling the system “an obstacle to equality.”
“While the current system provides representation, it does not provide people who are indigent with equal access to justice,” the report states.
The Court convened the Judiciary Working Group on Attorney Pro Bono Assignments, which issued its own recommendations. Its report relied heavily on the NJSBA’s report. A full copy of that report may be found here.
Legislature Stops Short of Sending Child Support Bill to Governor
The Assembly stopped short of voting on the Equitable Outcomes in Child Support Collection Act, a bill designed to remove barriers to reunification of parents and children in the care of the state Division of Child Protection and Permanency (DCPP). S2331 (Ruiz)/A3517 (Speight) passed the Senate last week with 10 senators opposing the bill and one senator abstaining. The NJSBA supports this measure and previously called upon the Administrative Office of the Courts to issue a directive providing guidance about child support orders in these circumstances.
The law would suspend the enforcement of child support obligations when a child is in the care or custody of the DCPP. Currently, the DCPP seeks reimbursement from families for child support, which collection efforts often surpass the amount of child support. The bill is part of an effort to align with policies issued in 2022 by the U.S. Children's Bureau, which allows agencies to narrowly define when it is appropriate to seek child support. If passed, New Jersey would join six states that have adopted similar laws.
“Efforts to collect child support on behalf of children who have been removed from their parent’s custody are often counterproductive,” said majority leader and prime sponsor of the bill, Sen. M. Teresa Ruiz. “Not only does the state spend more seeking reimbursement than they actually collect, the added financial burden, and possible legal consequences for the parents, can often prove to be a barrier for reunification even when it is the desired outcome and in the child’s best interest.”
Both Houses Approve Pediatric Mental Health Care Resources Study
The Legislature passed a bill that would assemble a group of stakeholders to create a “comprehensive visual journey map” that outlines families’ experiences in obtaining mental health care and related support services for their children. S3611 (Scutari)/A4970 (Carter) provides a grant to study pediatric mental health with an aim towards understanding and addressing barriers to receiving pediatric mental health care in New Jersey. The NJSBA supported the measure as an important step to understanding pediatric mental health, “especially where it intersects with the legal system.” The bill heads to Gov. Phil Murphy’s desk.