October 26, 2015

STATE OF NEW JERSEY VS. WESTERN WORLD, INC. A-3007-12T2/M-0474-13

STATE OF NEW JERSEY VS. WESTERN WORLD, INC.
          A-3007-12T2/M-0474-13
As a matter of first impression, we hold that the Office of the Public Defender (OPD) is not required to represent an "indigent" corporation charged with an indictable offense, because construing the Public Defender Act (PDA), N.J.S.A. 2A:158A-1 to -25, to require OPD's representation of indigent defendants who are not natural persons is repugnant to the subject and context of the PDA, and contrary to the Legislature's intent.
We also hold, however, that, when charged with a crime or when facing a "consequence of magnitude," an "indigent" corporation has a right to appointed counsel under our state Constitution and prior precedent. 3/30/15 

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