As described in Madden v. Delran, 126 N.J. 591 (1992), New Jersey is one of the few states in which attorneys may be compelled to provide uncompensated, pro bono legal services. Under Rule 1:21-12, the mandate may be satisfied by providing qualified service with a “certified entity.” An attorney may volunteer for a court-based pro bono program, but may not retain any fees (as opposed to costs) that might be awarded. Those who have not certified that they have provided qualifying services in a year may be appointed as Madden counsel by the local county court to represent indigent defendants in matters not eligible for Public Defender attorneys, such as defendants in a criminal contempt complaint for violation of a Family Part final restraining order.
Those who have served as Madden counsel typically find the process to be both professionally satisfying and relatively painless. Upon receiving the appointment, counsel contacts the defendant, court and prosecutor to determine the status of any proceedings, and obtain necessary information and discovery. Both the court and prosecutor are pleased to have a licensed attorney in the case. Upon receiving the necessary information, it may be readily apparent that the allegations are not contested, in which case one may negotiate a penalty consistent with any mitigating facts and the mandatory minimum sentence. In other cases, discovery may show that the complaint as presented to the local authority is not consistent with the actual facts as provided in discovery or the legal definitions of the alleged violation, in which case a short conference with the prosecutor or court may result in a dismissal. In a few cases, there may be opportunities for legal or evidentiary challenges—indeed, some have resulted in reported cases.
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