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Capitol Report

Public defender expands representation to juveniles charged with indictable offenses, delinquency

Following the passage of legislation to provide legal counsel to juveniles, the state Administrative Office of the Courts issued a directive providing guidance for courts and litigants regarding representation of people under age 18 charged with an indictable offense or act of delinquency. N.J.S.A. 2A:158A-26 makes all juveniles eligible for representation by the Office of the Public Defender at no cost to the juvenile.

Juveniles will not need to complete an Application for Assignment of Counsel (5A) because eligibility is automatic. They will be afforded counsel "at every critical stage in the proceeding that in the opinion of the court, may result in the institutional commitment of the juvenile." This representation will include all mandatory hearings. Non-mandatory hearings are defined as: