New Jersey Division of Child Protection and Permanency, Plaintiff-Respondent v. R.l.m., and J.j., in the Matter Of… (New Jersey 2018)

Summary

The Supreme Court of New Jersey held that a parent may represent himself or herself in a termination of parental rights proceeding, but the right must be invoked timely, clearly, and unequivocally; because J.J. failed to do so, the trial court’s denial of his request to proceed pro se was proper and the Appellate Division’s judgment was affirmed as modified.

Holding

Whether a parent has a statutory right to self‑representation in a termination of parental rights action under N.J.S.A. 30:4C-15.4.. A parent has the right to represent himself or herself in a termination of parental rights proceeding, subject to the statutory limitation that the right must be invoked in a timely, clear, and unequivocal manner.

Whether J.J. timely, clearly, and unequivocally invoked his right of self‑representation.. J.J. did not invoke his right in a timely, clear, and unequivocal manner; therefore the trial court’s denial of his request was proper.

Whether the trial court’s denial of J.J.’s request to proceed pro se violated procedural due process.. The denial did not violate procedural due process because the parent failed to meet the statutory requirements for a valid waiver of counsel.

Whether J.J.’s claim of ineffective assistance of appellate counsel could succeed.. J.J.’s claim fails because he did not demonstrate prejudice; the statutory right to self‑representation was not properly invoked, so the appellate counsel’s strategy was not ineffective.

Summary

Holding

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