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STROINSKI v. OFFICE OF PUBLIC DEFENDER

134 N.J. Super. 21 (1975)

338 A.2d 202

FRANCIS STROINSKI, PLAINTIFF-APPELLANT, v. OFFICE OF THE PUBLIC DEFENDER, STANLEY C. VAN NESS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CHIEF PUBLIC DEFENDER AND HERBERT WACHSTEIN, INDIVIDUALLY AND IN HIS CAPACITY AS DEPUTY PUBLIC DEFENDER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 1975.

Attorney(s) appearing for the Case

Mr. Herbert O. Brock argued the cause for appellant (Camden Regional Legal Services, Inc., attorney; Mr. Allen S. Zeller and Mr. Wayne R. Bryant on the brief; Ms. Rita L. Bender, of counsel).

Mr. Michael S. Bokar, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. William C. Rindone, Jr., Deputy Attorney General, on the brief).

Before Judges CARTON, CRANE and KOLE.

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

This action for declaratory judgment and injunctive relief involves the validity of that portion of the Public Defender Act, N.J.S.A. 2A:158A-17, mandating that a lien be filed against the present or after-acquired property of an indigent who is represented by the Public Defender where the value of the services rendered appears to exceed $150. The trial judge upheld the provision. We affirm.

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