NJSBA Family Law Section

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  • 1.  "Work release" / Judges straight-out ignoring Pasqua

    Posted 11-21-2013 11:47 PM
    I was recently contacted regarding "work release" programs in several counties.  After discovering that my initial impression of reading about this was wrong (i.e., that it wasn't rantings of a couple lunatic pro se litigants, but apparently 100% true), it appears that there is some extremely serious confusion as to the proper way to conduct an ability to pay hearing in Bergen and Passaic Counties.  I'm not going to turn this into a lengthy post beyond passing on that I was shown in the past couple of days that the Supreme Court has stepped in in four matters and ordered the release of people being held in so-called "work release" programs for support obligors that are, to understate it significantly, in extreme and open violation of not just Pasqua v. Council (appointment of attorneys for indigent litigants facing jail), but of literally every single case on proper enforcement and incarceration procedures going back 100 years.  Cases where the App Div orders a release and then the person is re-incarcerated days later in OPEN violation of higher court's orders.  I am still in complete shock at both the scope and the numbers involved (people literally "jailed" for YEARS, with their entire paychecks being turned over for months) and that this could be happening in the USA and in NJ (pre or post Pasqua).  Not to mention federal laws on the maximum that can be taken from a check (not garnished - apparently the entire check is taken and must be signed over).

    At this juncture, I'm just seeking info:  Can anyone advise as to "work release" programs for support obligors being conducted in other counties?  Is anyone aware of the AOC superseding (or vacating) Directive #15-08 ? 

    I'd appreciate any responses (on-list or off to [email protected]) if anyone else has information to share about the current "enforcement" / "coercive incarceration" / "jail work release" programs in any counties across the State.  Just seeking info now, but I anticipate litigation being filed very quickly if there aren't major revisions in the immediate future.

    Thanks,

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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  • 2.  RE:"Work release" / Judges straight-out ignoring Pasqua

    Posted 11-22-2013 09:22 PM
    The attached article was just sent to me regarding the "work release" incarceration situation.  Also attached is a copy of one of the stays issued by Justice Albin.  Apparently, the same judge who incarcerated the guy at issue here went on to merrily jail others since his receipt of the attached instruction from his superior in the Supreme Court, completely ignoring its recitation of the law and the standards to be applied in an enforcement hearing before ordering incarceration - "work release" or otherwise.  If one of us did this, or a litigant did this, it would constitute contempt.  I hope I am not the only one troubled by it.

    I understand that Legal Service has also been made aware of this and is interested in taking action.  As per the attached article, this apparently has been going on for over two years.  Although the cases in the attached article are disturbing, the "best" one I've now heard is one guy who, after the better part of a year in bondage - working, having his entire check taken every week (as in "you must sign it over"), unable to see his kids (jailed on all nights and weekends), sinking deeper into arrears every week (especially after paying a $70 per week "fee" for a GPS ankle bracelet and $50 per week "jail fee") slit his wrists and very nearly died.  The court's reaction?  To charge him with escape for not showing up at the jail when scheduled.

    Venting aside - I'm again asking if anyone else is aware of any other county doing this (I am aware of Bergen and Passaic).  The plan at this point is to request a meeting with the AOC rather than jumping to filing a civil rights action (we're not just at 14th Amendment here, I think there's a solid argument that 13th Amendment is also involved).  If we're going to meet with the AOC, we should have as much information as is possible available as to where this is occurring and which judges are doing it.

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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    Attachment(s)

    pdf
    BergenDispatch.pdf   2.74 MB 1 version
    pdf
    SCT CS_stay_20131122205823.pdf   52 KB 1 version
    Original Message


  • 3.  RE:"Work release" / Judges straight-out ignoring Pasqua

    Posted 11-22-2013 09:35 PM
      |   view attached
    Second attachment (Stay order from Supreme Court restating the standard to be applied for "coercive incarceration") didn't come through - attaching again.

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
    -------------------------------------------

    Attachment(s)

    pdf
    SCT CS_stay_201311222058231.pdf   52 KB 1 version


  • 4.  RE:"Work release" / Judges straight-out ignoring Pasqua

    Posted 11-27-2013 11:57 AM
    I was a probation officer in Bergen County in the late 70s and work release was a common tool then.

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    Arlene Albino Esq.
    Sparta NJ
    (973)729-3888

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    Original Message