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PASQUA v. COUNCIL

892 A.2d 663 (2006)

186 N.J. 127

Anne PASQUA, Ray Tolbert and Michael Anthony, individually and on behalf of all persons similarly situated, Plaintiffs-Appellants, v. Hon. Gerald J. COUNCIL and Hon. F. Lee Forrester, individually and in their official capacity as Judges of the Superior Court and on behalf of all Superior Court Judges of the State of New Jersey who have in the past conducted Ability to Pay Hearings or who will in the future conduct Ability to Pay Hearings, Hon. Deborah Poritz, individually and in her official capacity as Chief Justice of the Supreme Court of New Jersey and Hon. Richard J. Williams, individually and in his official capacity as Administrative Director of the Courts of the State of New Jersey, Defendants-Respondents.

Supreme Court of New Jersey.

Decided March 8, 2006.

Attorney(s) appearing for the Case

David Perry Davis, Princeton, argued the cause for appellants.

Patrick DeAlmeida, Assistant Attorney General, argued the cause for respondents (Peter C. Harvey, Attorney General of New Jersey, attorney; Michael J. Haas, Assistant Attorney General, of counsel).

Melville D. Miller, Jr., President, argued the cause for amicus curiae Legal Services of New Jersey.

David B. Rubin, Metuchen, argued the cause for amicus curiae New Jersey State Bar Association (Stuart A. Hoberman, President, attorney, Woodbridge).

Justice ALBIN delivered the opinion of the Court.

The right to counsel is among our most precious of constitutional rights because it is the necessary means of securing other fundamental rights. It has long been recognized that the right to a fair trial would be an empty promise without the right to counsel. In this appeal, we must determine whether indigent parents charged with violating child support orders and subject to coercive incarceration at ability-to-pay...

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