Poor people can't be sent to jail for not paying child support without first being provided a lawyer, but who pays for the lawyer is not the judiciary's business, the New Jersey Supreme Court has ruled. The court rejected the arguments of the judiciary's lawyer that counsel is unnecessary because of the "rudimentary" nature of the proceedings and that "a searching and detailed inquiry" by the judge was sufficient protection from unwanted coercive incarceration.
March 20, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Poor people can’t be sent to jail for not paying child support without first being provided a lawyer, but who pays for the lawyer is not the judiciary’s business, the New Jersey Supreme Court ruled March 8.
The court, in Pasqua v. Council, recognized a right to court-appointed counsel under the due process protections of the federal and state constitutions.
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