The New Jersey Supreme Court has ruled that, while it is likely not a smart move strategically, a parent involved in a case in which he or she may lose parental rights does have the right to represent himself or herself in the termination proceedings.

In a unanimous ruling, the court said on Monday that, with certain limitations, requests for self-representation in parental-rights termination matters are not barred by statute.

“We affirm New Jersey's long-standing adherence to the principle that a competent litigant may represent himself or herself in a matter in which he or she is a party,” wrote Justice Anne Patterson for the court in Division of Child Protection and Permanency v. R.L.M. and J.J.

“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 statute] plainly authorizes the parent to proceed unrepresented,” Patterson said.

The litigation involved two parents, identified only as the mother, R.L.M., and the father, J.J.

The state Division of Child Permanency and Placement had moved to terminate the parental rights to one of their children: a girl identified only as R.A.L.

At one point, the court said, J.J., who had been assigned counsel, told a motion judge that he wanted to represent himself because he wanted to file a number of motions on his own, and that he had an uncle who was a paralegal who was going to help him.

J.J. later told the judge he changed his mind and wanted to be represented by an attorney, and he was assigned counsel.

Then, during the trial, J.J. changed his mind again, and told the judge he wanted to represent himself. The judge declined the request and ultimately terminated the parental rights. An appeals court affirmed the ruling.

The Supreme Court affirmed the decision to terminate the parental rights but decided to take up the issue of self-representation.

Patterson said the judge below got it wrong, and also said the right to self-representation is not absolute.

A pro se party must demonstrate competency, make a clear and unequivocal demand to self-representation, make the representation in a timely manner, and make the demand in such a way as to not disrupt court proceedings.

“Self-representation may undermine the litigant's position in this case, and an obstructive pro se party can impede—if not derail—the progress of the case,” Patterson said.

Nevertheless, the right to self-representation remains strong, she said.

“We hold that a parent has the right to represent himself or herself in an action to terminate his or her parental rights, with the assistance of standby counsel at the court's discretion,” Patterson said.

The Attorney General's Office, which represented the DCPP, declined to comment.

On appeal, J.J. was represented by Morristown solo John Albright. Calls to his office were unanswered.