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ANTHONY v. COUNCIL

No. 01-2735.

316 F.3d 412 (2003)

Michael ANTHONY, Individually and on Behalf of all Persons Similarly Situated; Anne Pasqua; Ray Tolbert v. Gerald COUNCIL, Hon.; Lee F. Forrester, Hon., in Their Official Capacity as a Judge of the Superior Court, and on Behalf of all Superior Court Judges of the State of New Jersey; Deborah T. Poritz, Hon., in Her Official Capacity as Chief Justice of the Supreme Court of New Jersey, and on Behalf of all Superior Court Judges of the State of New Jersey; Richard J. Williams, Hon., in His Official Capacity as Administrative Director of the Courts of the State of New Jersey, and on Behalf of all Superior Court Judges of the State of New Jersey Anne Pasqua, Ray Tolbert and Michael Anthony, individually and on behalf of all persons similarly situated, Appellants.

United States Court of Appeals, Third Circuit.

January 17, 2003.

Attorney(s) appearing for the Case

David P. Davis, (Argued), Princeton, for Appellants.

Barbara J. Stoop, (Argued), Office of Attorney General of New Jersey, Division of Law, Richard J. Hughes Justice Complex, Trenton, for Appellees.

Before SCIRICA, RENDELL and NOONAN, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This appeal arises out of a federal civil rights lawsuit brought by persons under state court orders for failing to support their children. Plaintiffs seek declaratory and injunctive relief under 42 U.S.C. § 1983 contending the Due Process Clause establishes a right to counsel, and, if indigent, a right to appointed counsel. Defendants are New Jersey state...

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