New Jersey Division of Child Protection and Permanency v. R.L.M.

Plaintiff New Jersey Division of Child Protection and Permanency (Division) brought a guardianship action against R.L.M. and J.J., seeking to terminate their parental rights to their daughter R.A.J. At a case management conference early in the proceeding, J.J. told the court that he did not want an attorney appointed for him. As the conference continued, J.J.’s previously assigned counsel continued to speak on his behalf. At the second case management conference, J.J. left the courtroom before the conference began. At the third conference, J.J. stated that he wanted to retain substitute counsel. The judge noted that J.J.’s assigned counsel would continue to represent him pending any substitution of attorney. J.J. did not retain private counsel. At the final case management conference and the pretrial conference, J.J.’s assigned counsel represented him; J.J. declined to appear. The Court granted J.J.’s petition for certification, in which he claimed only that he was entitled to a new trial by virtue of the trial court’s denial of his request to represent himself. "Although a parent’s decision to appear pro se in this complex and consequential litigation represents poor strategy in all but the rarest case," the New Jersey Supreme Court found N.J.S.A. 30:4C-15.4 plainly authorized that parent to proceed unrepresented. "The parent’s right of self-representation, however, is by no means absolute. That right must be exercised in a manner that permits a full and fair adjudication of the dispute and a prompt and equitable permanency determination for the child." In this case, the the Supreme Court found the trial court properly denied J.J.’s "untimely and ambivalent claim." View "New Jersey Division of Child Protection and Permanency v. R.L.M." on Justia Law