Almost 50 years ago, our Supreme Court declared in Rodriguez v. Rosenblatt that an indigent defendant facing any “consequence of magnitude” is entitled to appointed counsel. From that petty criminal matter the right has been slowly extended in civil matters such as termination of parental rights, jailing and “automatic” suspension of driving privileges for failure to pay child support, suspension of driving privileges, and involuntary civil commitment. In Division of Children and Families v. L.O., the Appellate Division has extended that right to state Division of Children and Families administrative and judicial actions to substantiate child abuse, and place the defendant on the Child Abuse Registry.
Custody of “Carolyn,” the daughter of an unmarried couple, was awarded to the father because the family judge accepted the finding of a later discredited expert that the mother “Lola’s” “Munchausen by proxy syndrome” was the source of Carolyn’s problems. Lola appealed pro se. Court-appointed experts rejected the diagnosis and assessed “adjustment disorder with symptoms of anxiety and depression.” Lola’s name was included in the Child Abuse Registry pursuant to N.J.S.A. 9:6-8.11. Lola was unrepresented and had no experts of her own throughout as these impenetrable diagnoses were traded.
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