Right to counsel

New Jersey , Legislation , Sexually Dangerous Persons - Commitment

The Sexually Violent Predators Act (SVPA) allows for the indefinite civil confinement of individuals deemed sexual predators. The statute covers individuals who have been “convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sexually violent offense, or [have] been charged with a sexually violent offense but found to be incompetent to stand trial.”  N. J. Stat. Ann. § 30:4-27.26. Although hearings under the SVPA are non-jury civil proceedings, there is an affirmative right to counsel including the appointment of counsel for indigent individuals. N. J. Stat. Ann. § 30:4-27.31. Again, it is unclear if a request for counsel must be made. 

Appointment of Counsel: Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.