N.J. Admin. Code § 1:10A-3.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 1:10A-3.2 - Application and determination for assignment of court appointed counsel to indigent parties

(a) Any party who wants to apply for representation by a public defender shall complete an Office of Administrative Law (OAL) Application for Assignment of Counsel, incorporated herein by reference as N.J.A.C. 1:10A-3Appendix, and shall appear before an OAL Administrative Law Judge (ALJ), who will render an indigency determination.

(b) A determination of indigency under (a) above will be found if the applicant's gross household income is at or below the income amount for the applicant's household size, pursuant to the New Jersey Administrative Office of the Courts 2019 Income Eligibility Guidelines for Indigent Defense Services, which are incorporated herein by reference, as amended and supplemented, and available at http://www.njcourts.gov/courts/assets/municipal/indigencyguidelines.pdf

(c) The ALJ shall advise the applicant of his or her eligibility for a court-appointed attorney at the end of the hearing held pursuant to (a) above.

(d) If an applicant is deemed eligible for a court-appointed attorney, after the hearing held pursuant to (a) above, then the OAL shall notify the Office of the Public Defender for such appointment. The appointed public defender shall file an appearance with the OAL no more than 10 days after being appointed to the case.

(e) If an applicant is deemed ineligible for a court-appointed attorney, then the ALJ shall advise the applicant that his or her matter will be assigned by the OAL to an ALJ for an evidentiary hearing.

(f) Representation of the party by a public defender appointed pursuant to this section shall continue through the filing of exceptions to the OAL decision and any appeal of the Department of Children and Families Commissioner's final decision.

N.J. Admin. Code § 1:10A-3.2

Adopted by 52 N.J.R. 515(a), effective 3/16/2020