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CRIST v. N.J. DIV. YOUTH AND FAMILY SERV.

128 N.J. Super. 402 (1974)

320 A.2d 203

JULIA A. CRIST AND AMERICA MERCADO, ON BEHALF OF THEMSELVES, AS PARENTS AND GUARDIANS OF THEIR CHILDREN AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS, v. THE NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES AND THE JUVENILE AND DOMESTIC RELATIONS COURT OF CAMDEN COUNTY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 25, 1974.

Attorney(s) appearing for the Case

Mr. Carl S. Bisgaier for plaintiffs (Mr. Allen S. Zeller and Mr. Wayne Bryant, of counsel; Camden Regional Legal Services, Inc.).

Mr. Charles R. Parker for defendants (Mr. William F. Hyland, Attorney General of New Jersey and Mr. George F. Kugler, Jr., former Attorney General).

KING, J.C.C., Temporarily Assigned.

This is an action instituted to test whether indigent parents who are threatened with removal of children from the home by a public agency are constitutionally entitled to counsel free of charge under the Federal Constitution. The Attorney General opposes plaintiffs, urging that the right to free counsel in this context is not a fundamentally protected right under the federal Due Process Clause or the Equal Protection Clause, and...

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