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BOLYARD v. BERMAN

274 N.J. Super. 565 (1994)

644 A.2d 1122

IRA BOLYARD, TIMOTHY COLEMAN, WILLIAM FRANK, EDWARD MITCHELL AND JAMES QUARLES AND NEW JERSEY ASSOCIATION ON CORRECTION, PLAINTIFFS-APPELLANTS-CROSS-RESPONDENTS, v. DOUGLAS BERMAN, TREASURER, STATE OF NEW JERSEY; NEW JERSEY STATE PAROLE BOARD AND JAMES FLORIO, GOVERNOR OF NEW JERSEY, DEFENDANTS-RESPONDENTS-CROSS-APPELLANTS, AND DEPARTMENT OF THE PUBLIC ADVOCATE, OFFICE OF THE PUBLIC DEFENDER; GENERAL ASSEMBLY OF THE STATE OF NEW JERSEY AND SENATE OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 1994.

Attorney(s) appearing for the Case

Patrick F. McAndrew argued the cause for appellants-cross-respondents (Brandt, Haughey, Penberthy, Lewis & Hyland, attorneys; Eileen K. Fahey and Mr. McAndrew, on the brief).

Michael Carlin, Deputy Attorney General, argued the cause for respondents-cross-appellants Treasurer Berman, New Jersey State Parole Board and Governor Florio (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Carlin, on the brief).

No briefs have been filed by respondents Public Defender, General Assembly or Senate.

Before Judges MICHELS, SKILLMAN and WEFING.

The opinion of the court was delivered by SKILLMAN, J.A.D.

Plaintiffs seek by this appeal to establish that indigent parolees charged with violations of parole have a right to counsel under either the New Jersey Constitution or state common law which is broader than that guaranteed by the United States Constitution as interpreted by the Supreme Court in Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 ...

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