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NORTON v. STATE

167 N.J. Super. 212 (1979)

400 A.2d 801

FREDERICK C. NORTON, ESQ., PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, OFFICE OF THE PUBLIC DEFENDER, BYRAM TOWNSHIP MUNICIPAL COURT, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY AND STEPHEN M. SOYARS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 2, 1979.

Attorney(s) appearing for the Case

Mr. Frederick C. Norton, appellant, argued the cause pro se.

Mr. John M. Cannel, Assistant Public Defender, argued the cause for respondent State of New Jersey, Office of the Public Defender (Mr. Stanley C. Van Ness, Public Defender, attorney).

Before Judges FRITZ, BISCHOFF and MORGAN.

PER CURIAM.

The problem presented by this appeal has its source in the fact that although N.J.S.A. 2A:158A-5.2 requires the Public Defender to provide legal representation to those indigent defendants charged with nonindictable offenses that subject them to possible imprisonment or other consequences of magnitude, the Legislature has appropriated no funds with which this duty, mandatory in nature, can be implemented. The enactment was the legislative response...

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