Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Dudley Rue, Defendant-Respondent

December 12, 2002175 N.J. 1

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s order remanding the case for a new post‑conviction relief hearing, holding that Rule 3:22‑6(d), not RPC 3.1, governs the duties of PCR counsel and that a violation of that rule requires a fresh PCR proceeding. The Court emphasized that counsel must advance all grounds insisted upon by the defendant regardless of the counsel’s view of merit. Justice Verniero, in a concurring opinion, agreed with the disposition but urged the Court to consider adopting an Anders‑type procedure for counsel facing meritless petitions.