Supreme Court of New Jersey

In the Matter of the Civil Commitment of D.Y. Svp 491-08 (071464)

July 22, 2014218 N.J. 359

Summary

The Court held that the Sexually Violent Predator Act permits a competent committee to represent himself or herself at a commitment hearing, provided retained or appointed standby counsel is present and available. Reading the statutory counsel provisions according to their plain meaning, the Court found that they require counsel to be present but do not require counsel to control the representation or prohibit self-representation. The Court avoided deciding the asserted federal constitutional questions and reversed for a new commitment hearing consistent with its ruling.

Holding

  • Whether the SVPA permits self-representation with standby counsel. The plain language of the SVPA permits a competent individual subject to involuntary commitment to represent himself or herself at the commitment hearing, so long as retained or appointed standby counsel is present throughout the hearing and available to assist if necessary.
  • Conditions governing an SVPA committee’s election of self-representation. Before permitting self-representation, the trial court must ensure that the committee’s waiver of full representation is clearly and unequivocally stated and is knowing, intelligent, and voluntary; the court may require standby counsel to assume full representation if the committee is unable or unwilling to participate cooperatively or obstructs the proceeding.

Docket A-42-12

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