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New Jersey

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

Categorical Right To Counsel

There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).

Discretionary Appointment Of Counsel

Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.

Right Or Appointment Is Qualified

The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.

No Such Proceeding

This state has no law creating a judicial proceeding of this type.

No Authorization, But Relevant Materials

While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.

Other

Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Categorical

Abuse/Neglect/Dependency - Accused Parents

Litigation

Key Development

June 17, 2019

NJ appellate court: Counsel required in administrative abuse/neglect cases

An appellate court held that parents have a right to counsel in an administrative proceeding to determine abuse/neglect and for an appeal.

Appointment of Counsel: Yes

Qualified: No

The NCCRC contributed to an amicus brief filed by the ACLU of New Jersey.

Doesn't Affect

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

October 7, 2024

S3740

Seeking to reinstate parental notification of abortion requirement, which was held unconstitutional by the NJ Sup. Court, by requiring minors to notify parents of all surgeries and not just abortions.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Civil Contempt in Family Court

Litigation

June 1, 2014

NJ appellate court extends right to counsel to civil contempt review proceedings

A New Jersey court found a right to appointed counsel in a hearing on whether a child support obligee should remain in prison for contempt.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Domestic Violence - Accused Person

Legislation

January 9, 2024

AJR36

Creating a task force to study the impact of lack of counsel in domestic abuse matters

Appointment of Counsel: Doesn't Affect

Qualified: No

April 15, 2024

SJR106

Creating a task force to study the impact of lack of counsel in domestic abuse matters

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Domestic Violence - Alleged Victim

Litigation

January 1, 2014

Despite strong dissent, NJ Supreme Court avoids ruling on RTC in DV cases

The New Jersey Supreme Court declined to review a decision by the NJ Court of Appeals regarding the right to counsel in DV cases.

Appointment of Counsel: Doesn't Affect

Qualified: No

NCCRC helped draft the amicus brief urging the NJ Supreme Court to accept review.

Legislation

November 25, 2020

PRIORITY BILL: counsel in DV cases

Two bills would a create legislative task force to study appointment of counsel for DV victims.

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC has provided support for the drafting and advancement of these bills.

January 9, 2024

AJR36

Creating a task force to study the impact of lack of counsel in domestic abuse matters

Appointment of Counsel: Doesn't Affect

Qualified: No

April 15, 2024

SJR106

Creating a task force to study the impact of lack of counsel in domestic abuse matters

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Guardianship/Conservatorship of Adults - Protected Person

Legislation

January 25, 2024

S2317

A protected or proposed protected adult shall be represented throughout guardianship proceedings; requiring counsel to interview individual no more than 72 hrs before each hearing

Appointment of Counsel: Doesn't Affect

Qualified: No

January 25, 2024

S2318

Changing appointment of counsel for adult subject to conservatorship matter from discretionary to mandatory

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

Housing - Evictions

Legislation

Key Development

June 1, 2019

Newark becomes third city to enact right to counsel for evictions

In late 2018, Newark joined NYC and San Francisco in guaranteeing counsel for tenants facing eviction.

Appointment of Counsel: Yes

Qualified: Yes

Key Development

May 14, 2021

New Jersey joins ranks of states considering tenant right to counsel

A bill has been filed that would provide a statewide right to counsel for indigent tenants facing eviction.

Appointment of Counsel: Doesn't Affect

Qualified: No

Key Development

June 15, 2023

Jersey City becomes 21st jurisdiction with tenant right to counsel

Following a push from the North New Jersey DSA, Jersey City has adopted a right to counsel for tenants facing eviction.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC worked with the community campaign Right to Counsel JC.

Key Development

January 9, 2024

A1079

Creating statewide RTC program for eligible tenants in eviction matters and appropriating money for such purposes.

Appointment of Counsel: Doesn't Affect

Qualified: No

Key Development

January 9, 2024

S1728

Providing a right to appointed counsel for residential tenants in eviction matters based on post tax AMI or their ability to pay.

Appointment of Counsel: Doesn't Affect

Qualified: No

Pilot

Key Development

April 15, 2021

New Jersey launches eviction right to counsel pilot

New Jersey will be providing counsel to all tenants facing eviction in 3 pilot sites.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Incarceration for Fees/Fines (incomplete)

Litigation

Key Development

April 2, 2018

Fed court: NJ township violated defendant's right to counsel in fees/fines case

A federal court held that a NJ township violated defendants' right to counsel in its handling of fees/fines cases.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC provided some technical assistance in the early stages of the case.

Qualified

Other subject area

Litigation

Key Development

December 7, 2018

NJ court: counsel must be appointed prior to suspending driver's licenses

A NJ trial court has held the state must appoint counsel prior to suspending a person's driver's license for inability to pay child support.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC worked closely with counsel on the right to counsel claim.

Legislation

Key Development

January 9, 2024

A1751

Permitting the court to appoint counsel for a servicemember in an action or proceeding in which they are a party.

Appointment of Counsel: Doesn't Affect

Qualified: No

Categorical

Termination of Parental Rights (Private) - Birth Parents

Litigation

Key Development

July 26, 2016

NJ Supreme Court recognizes right to counsel for parents in adoption cases

The Supreme Court of New Jersey held there is a right to counsel for parents in adoption cases under the NJ Constitution's Due Process Clause.

Appointment of Counsel: Yes

Qualified: No

NCCRC worked with counsel for the mother as well as many of the amici on developing the arguments.

Legislation

Key Development

March 1, 2017

Legislation (dead): parents in private adoptions

Two bills would have provided a right to counsel for parents in private adoption cases, codifying a NJ Supreme Court ruling.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Termination of Parental Rights (State) - Children

Legislation

May 5, 2016

Legislation (dead): child counsel in termination cases

This bill would have required a child's appointed counsel to continues past TPR until permanent placement has been finalized.

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

All Basic Human Needs

Legislation

Key Development

Discretionary appointment - Military

A court may appoint counsel for any civil proceeding where a person in military service is a party.

Appointment of Counsel: Discretionary

Qualified: Yes

Debtor’s Prison / Financial

Categorical

Civil Contempt in Family Court

Court Rule or Initiative

Key Development

Right to counsel

A court rule provides for appointment of counsel in civil contempt proceedings, and it implements a constitutional decision by the high court.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

The New Jersey Supreme Court found a state constitutional right to counsel in child support civil contempt proceedings.

Appointment of Counsel: Yes

Qualified: No

Qualified

Incarceration for Fees/Fines (incomplete)

Litigation

Key Development

April 2, 2018

Fed court: NJ township violated defendant's right to counsel in fees/fines case

A federal court held that a NJ township violated defendants' right to counsel in its handling of fees/fines cases.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC provided some technical assistance in the early stages of the case.

Key Development

Right to counsel

The NJ Supreme Court recognized a right to counsel in civil contempt proceedings in the family law context.

Appointment of Counsel: Yes

Qualified: Yes

Domestic Violence

Qualified

Domestic Violence - Alleged Victim

Litigation

Key Development

Right to counsel

A lower NJ court found that minor plaintiffs in DV proceedings should be provided counsel in certain circumstances.

Appointment of Counsel: Yes

Qualified: Yes

Family Law

Categorical

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Right to counsel

An indigent parent is entitled to the services of the public defender in an abuse/neglect proceeding.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

The NJ Supreme Court has suggested there is a constitutional right to counsel whenever there is a temporary deprivation of custody by the state.

Appointment of Counsel: Yes

Qualified: No

Key Development

June 17, 2019

NJ appellate court: Counsel required in administrative abuse/neglect cases

An appellate court held that parents have a right to counsel in an administrative proceeding to determine abuse/neglect and for an appeal.

Appointment of Counsel: Yes

Qualified: No

The NCCRC contributed to an amicus brief filed by the ACLU of New Jersey.

Categorical

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

A child in an abuse/neglect proceeding is entitled to a "law guardian" protect his/her interests and express his/her wishes to the court.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

A lower court found a constitutional right to counsel for children in dependency and termination proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Custody Disputes - Children

Court Rule or Initiative

Key Development

Discretionary appointment of counsel

A court may appoint counsel for a child in a custody dispute.

Appointment of Counsel: Discretionary

Qualified: No

Litigation

Key Development

Right to counsel

A number of NJ intermediate courts have found that children in custody proceedings should be provided independent counsel.

Appointment of Counsel: Yes

Qualified: Yes

Key Development

Discretionary appointment of counsel

An appellate court held that trial courts have inherent authority to appoint counsel for a child in a custody proceeding.

Appointment of Counsel: Discretionary

Qualified: No

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for a child in a custody dispute for good cause and upon its own motion.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Parentage - Defendant/Respondent

Litigation

Key Development

Right to counsel

An intermediate court found a constitutional right to counsel for defendants in paternity proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Termination of Parental Rights (Private) - Birth Parents

Litigation

Key Development

July 26, 2016

NJ Supreme Court recognizes right to counsel for parents in adoption cases

The Supreme Court of New Jersey held there is a right to counsel for parents in adoption cases under the NJ Constitution's Due Process Clause.

Appointment of Counsel: Yes

Qualified: No

NCCRC worked with counsel for the mother as well as many of the amici on developing the arguments.

Discretionary

Termination of Parental Rights (Private) - Children

Court Rule or Initiative

Key Development

Discretionary appointment of counsel

A court rule permits the court to appoint counsel for a child in an adoption proceeding.

Appointment of Counsel: Discretionary

Qualified: No

Litigation

Key Development

Discretionary appointment of counsel

An appellate court held that trial courts have the inherent authority to appoint counsel in an adoption proceeding.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development

Right to counsel

Indigent parents are entitled to the services of a public defender in termination of parental rights proceedings.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

New Jersey courts have found a constitutional right to counsel for indigent parents in termination of parental rights proceedings.

Appointment of Counsel: Yes

Qualified: No

Key Development

Right to counsel

A lower court suggested that a parent has a right to counsel when voluntarily surrendering parental rights.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to counsel

Children in termination of parental rights proceedings are entitled to the services of a law guardian.

Appointment of Counsel: Yes

Qualified: Yes

Litigation

Key Development

Right to counsel

A lower court found a constitutional right to counsel for children in dependency and termination proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Health

Qualified

Adult Protective Proceedings - Protected Person

Legislation

Key Development

Right to counsel

It the adult refuses to consent or is unable to consent, involuntary services may be sought. The adult has the right to counsel in such matters.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

Key Development

Right to counsel

There is a right to counsel for minors to bypass parental notification for abortion, although the notification requirement is unenforceable.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Civil Commitment

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent persons subject to short- or long-term civil commitment.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

The New Jersey Supreme Court found a constitutional right to counsel for the subjects of a civil commitment proceeding.

Appointment of Counsel: Yes

Qualified: No

Categorical

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

Right to counsel

In guardianship establishment proceedings for an incapacitated individual, a statute and court rule require the appointment of counsel.

Appointment of Counsel: Yes

Qualified: No

Categorical

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to counsel

There is a right to counsel for developmentally disabled adults and others being subjected to certain kinds of treatment.

Appointment of Counsel: Yes

Qualified: No

Qualified

Quarantine/Isolation

Legislation

Key Development

Right to counsel

There is a right to counsel only for a person with tuberculosis subject to isolation or commitment.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Sexually Dangerous Persons - Commitment

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent respondents in sexually violent predator confinement cases.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

An intermediate appellate court found a federal due process right to counsel for indigents in sexually violent predator commitment proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Sexually Dangerous Persons - Registration/Notification

Litigation

Key Development

Right to counsel

The Supreme Court of New Jersey has recognized a constitutional right to counsel for sex offender community notification hearings.

Appointment of Counsel: Yes

Qualified: No

Categorical

Sterilization

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent subjects of a petition for sterilization.

Appointment of Counsel: Yes

Qualified: No

Housing

Qualified

Housing - Evictions

Legislation

Key Development

June 1, 2019

Newark becomes third city to enact right to counsel for evictions

In late 2018, Newark joined NYC and San Francisco in guaranteeing counsel for tenants facing eviction.

Appointment of Counsel: Yes

Qualified: Yes

Key Development

June 15, 2023

Jersey City becomes 21st jurisdiction with tenant right to counsel

Following a push from the North New Jersey DSA, Jersey City has adopted a right to counsel for tenants facing eviction.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC worked with the community campaign Right to Counsel JC.

Pilot

Key Development

April 15, 2021

New Jersey launches eviction right to counsel pilot

New Jersey will be providing counsel to all tenants facing eviction in 3 pilot sites.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Other subject area

Litigation

Key Development

December 7, 2018

NJ court: counsel must be appointed prior to suspending driver's licenses

A NJ trial court has held the state must appoint counsel prior to suspending a person's driver's license for inability to pay child support.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC worked closely with counsel on the right to counsel claim.

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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