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MATTER OF MANDELL

250 N.J. Super. 125 (1991)

593 A.2d 802

IN THE MATTER OF RUTH ANN MANDELL, AN ATTORNEY-AT-LAW OF THE STATE OF NEW JERSEY.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 1991.

Attorney(s) appearing for the Case

Kevin H. Marino, Director of Litigation, argued the cause for appellant (Wilfredo Caraballo, Public Advocate, attorney, Kevin H. Marino and John V. Jacobi, Assistant Deputy Public Advocate, on the brief).

Linda K. Danielson, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney, Linda K. Danielson of counsel and on the brief).

Lawrence S. Lustberg argued the cause for amicus curiae, The Association of Criminal Defense Lawyers Of New Jersey (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys, Lawrence S. Lustberg and Alan L. Zegas on the brief).

Before Judges LONG, R.S. COHEN and STERN.

The opinion of the court was delivered by R.S. COHEN, J.A.D.

We hold that a court may not punish as contempt the refusal of criminal defense counsel at a pretrial conference to reveal the decision of defendant whether or not he will testify at trial. Maness v. Meyers, 419 U.S. 449, 95 S.Ct. 584, 42 L.Ed.2d 574 (1975); State v. Savage, 120 N.J. 594, 577 A.2d 455

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