The biological mother of two children appeals from the Judgment of Guardianship entered by the Family Part terminating her parental rights to her two sons. The judge assigned to manage this case made the decision to terminate appellant's parental rights after conducting a one-day trial in which she was not present nor represented by counsel. At the first case management conference, appellant complained to the judge about her inability to communicate with the attorney assigned by the Public Defender – Office of Parental Representation (OPR). Without a formal motion or prior notice to appellant, the judge granted OPR counsel's oral application to be relieved as counsel of record for appellant. The judge thereafter told appellant she had only two options: (1) retain private counsel or (2) proceed without a lawyer
This court holds the Family Part violated appellant's constitutional and statutory right to be represented by competent counsel. The trial judge's response to appellant's dissatisfaction with her assigned OPR counsel is irreconcilable with the approach the Supreme Court established in N.J. Div. of Child Prot. & Perm. v. R.L.M. (In re R.A.J.), 236 N.J. 123, 149-51 (2018). This court vacates the Judgment of Guardianship against appellant, and remands for the matter to be tried before a different judge.
This court holds the Family Part violated appellant's constitutional and statutory right to be represented by competent counsel. The trial judge's response to appellant's dissatisfaction with her assigned OPR counsel is irreconcilable with the approach the Supreme Court established in N.J. Div. of Child Prot. & Perm. v. R.L.M. (In re R.A.J.), 236 N.J. 123, 149-51 (2018). This court vacates the Judgment of Guardianship against appellant, and remands for the matter to be tried before a different judge.