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MADDEN v. DELRAN TP.

126 N.J. 591 (1992)

601 A.2d 211

JOHN LEE MADDEN, ALLEN S. FERG, THOMAS M. BARRON AND JOHN C. GILLESPIE, T/A MADDEN, FERG, BARRON AND GILLESPIE, ATTORNEYS-AT-LAW, A PARTNERSHIP, PLAINTIFFS-APPELLANTS, AND HUDSON COUNTY BAR ASSOCIATION, INTERVENOR, v. TOWNSHIP OF DELRAN, A MUNICIPAL CORP.; TOWNSHIP OF BASS RIVER; TOWNSHIP OF WASHINGTON; CITY OF BEVERLY; CITY OF BORDENTOWN; TOWNSHIP OF CINNAMINSON; TOWNSHIP OF DELANCO; BOROUGH OF FIELDSBORO; TOWNSHIP OF HAINESPORT; TOWNSHIP OF MAPLE SHADE; BOROUGH OF MEDFORD LAKES; TOWNSHIP OF NEW HANOVER; BOROUGH OF WRIGHTSTOWN; BOROUGH OF PEMBERTON; TOWNSHIP OF RIVERSIDE; TOWNSHIP OF SHAMONG; TOWNSHIP OF SPRINGFIELD; AND TOWNSHIP OF TABERNACLE, DEFENDANTS, AND STATE OF NEW JERSEY, OFFICE OF THE PUBLIC DEFENDER; ALFRED A. SLOCUM, PUBLIC DEFENDER; AND BURLINGTON COUNTY BOARD OF CHOSEN FREEHOLDERS, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 10, 1992.

Attorney(s) appearing for the Case

Thomas M. Barron argued the cause for appellants (Ferg, Barron & Gillespie, attorneys; Thomas M. Barron, John C. Gillespie, and Ross G. Alber, on the briefs).

Carole A. Quattlander, Assistant County Solicitor, argued the cause for respondent Burlington County Board of Chosen Freeholders (Michael J. Hogan, Burlington County Solicitor, attorney).

Michael R. Clancy, Assistant Attorney General, argued the cause for respondent State of New Jersey (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

James Youngelson argued the cause for amicus curiae, New Jersey State Bar Association (Youngelson & Murray, attorneys).

Robert E. Margulies submitted a brief on behalf of intervenor (Margulies, Wind, Herrington & Katz, attorneys).

The opinion of the Court was delivered by WILENTZ, C.J.

The question before us is whether this Court should order government to pay attorneys who are assigned by the municipal court to represent defendants too poor to pay for counsel. Assuming our power to do so, we nevertheless conclude that the answer is no, at least not now. We reach that conclusion in view of the substantial number of municipalities presently making such payments or providing public defenders...

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