Pro Bono

In Madden v. Delran, 126 N.J. 591 (1992), the Supreme Court reaffirmed the bar's duty to represent indigent defendants without pay where the Legislature has made no provision for the Public Defender to represent defendants who are entitled to counsel. The Court recognized that it was placing a burden on the bar that should be more generally shared by the public at large. The Court said: "We realize it is the bar that is bearing the burden . . . . We trust the bar understands the strong policy considerations that have persuaded us. As has so often been the case, it is the bar that makes the system work, often without compensation." 126 N.J. at 614.

No, you are exempt from mandatory pro bono. You should request exemption code 90 on the annual pro bono questionnaire that is part of the online annual attorney registration.

Yes. The Supreme Court has determined that any attorney who maintains a bona fide law office in New Jersey, regardless of the amount of activity out of that office, is eligible to receive assignments.

No. If you have an exemption from payment from Lawyers’ Fund for Protection and have completed its form, you are also exempt from pro bono assignments. There is no exemption code number to fill in on the pro bono section of the card; it is automatic.

Pro bono cases are assigned from a computer list each county maintains of all the attorneys eligible for pro bono assignment in that county. Cases are assigned strictly in order of the list. At the top of the list are attorneys who have had no pro bono assignments, in alphabetical order.

No. You are not eligible for exemption code 90 if you are practicing law in New Jersey even on a volunteer basis. However, if you volunteer 25 hours of pro bono service for one of the approved organizations, you are exempt under exemption code 88 in the following year.

No. The Supreme Court has determined that attorneys who work on a per diem basis are eligible to receive pro bono assignments. However, the Court has further determined that an assignment should only be made during a time that these attorneys are actively practicing law in New Jersey.

Yes. If you are a licensed attorney in New Jersey and perform occasional attorney transactions you are still required to do pro bono.

Attorneys are not required to do a certain number of hours per year. Rather, attorneys are required to complete an assigned pro bono case, no matter how many hours that may require. Further, there is no requirement that an attorney complete a certain number of pro bono cases a year. Attorneys are called upon whenever their name reaches the top of the list. For example, depending on the county, an attorney may be required to complete two cases a year or one case every two years.

Yes. The Supreme Court has determined that attorneys in this situation are eligible to claim exemption code 90, because they are not practicing law in New Jersey, in any capacity.

No. The Supreme Court has determined that attorneys who practice law through temporary employment agencies are eligible to receive pro bono assignments. However, the Court has further determined that an assignment should only be made during a time that these attorneys are actively practicing law in New Jersey.

No. The Advisory Committee on Professional Ethics and the Committee on Attorney Advertising consider attorneys serving as third-party neutrals, such as mediators and arbitrators, as engaging in the practice of law.

No, certain attorneys, such as most full-time government attorneys, are exempt from mandatory pro bono service. Each year, the director of the Administrative Office of the Courts issues a list of all the categories of attorneys who are exempt. To be exempt, the attorney must request the exemption on the annual pro bono questionnaire which is part of the online annual attorney registration. If an attorney fails to request an exemption on the pro bono questionnaire, he or she will be assigned a case when his or her name rises to the top of the list.

Yes. Practicing in a Federal court in New Jersey does not count as practicing in New Jersey, since Federal courts are a separate jurisdiction.

No. Under exemption code 88, an attorney may claim an exemption if he or she can certify that he or she has performed at least twenty-five (25) hours of pro bono services for domestic violence service providers. However, the volunteer work must be done in New Jersey in order to claim the exemption.

No. These circumstances do not require you to take a pro bono assignment.

No, you are exempt from mandatory pro bono. You should request exemption code 86 on the annual pro bono questionnaire that is part of the online annual attorney registration.

Yes. The 25-hour requirement is not tied directly to service for one program. If the attorney volunteers 25 hours for any one program or for a combination of programs listed under category #88, then the attorney is eligible to claim an exemption.

The Supreme Court addressed this issue in Madden v. Delran, 126 N.J. at 607-08. It recognized that frequently attorneys who have no experience in the substantive area of the law involved in the pro bono case will be called upon. As the Court said: “Real estate attorneys, corporate counsel, experts in commercial leases, all have been assigned to represent indigent defendants charged with simple assault, driving while intoxicated; all were required not only to learn how to defend those cases but to find out where the courthouse is.” 126 N.J. at 607. If, however, the trial judge is convinced that the assigned counsel will provide ineffective assistance of counsel, the judge should direct the assigned counsel to obtain a substitute. 126 N.J. at 608.

Yes. For Appeals to the Appellate Division, see R.2:5-3(d): “If the appellant is indigent and is entitled to have a transcript of the proceedings below furnished without charge for use on appeal, either the trial or the appellate court on application, may order the transcript prepared at public expense.”

For Municipal Court Appeals to the Law Division, see R.3:23-8(a)(3) (emphasis added): “If the appellant, upon application to the court appealed to, is found to be indigent, the court may order the transcript of the proceedings below furnished at the county’s expense if the appeal involves violation of a statute and at the municipality’s expense if the appeal involves violation of an ordinance.”

No, while you are not practicing law you are exempt from mandatory pro bono. You should request exemption code 86 on the annual pro bono questionnaire that is part of the online annual attorney registration. When you obtain new legal employment, you are required to update your online attorney registration.

No. Exemption code 82 identifies retired judges as Supreme Court Justices, Superior Court and Tax Court Judges, Federal Court Judges, Workers’ Compensation Judges and Administrative Law Judges. Only these judges are exempt after retirement.

Yes. The Supreme Court has determined that having malpractice insurance is not a prerequisite for handling Madden pro bono assignments. In fact, there is no requirement that any practicing attorney maintain malpractice insurance.

You may go to: Annual Attorney Registration. 

Yes. The Supreme Court has determined that attorneys who are in-house counsel with offices in New Jersey and who are in good standing are eligible to receive pro bono assignments, because their work constitutes practicing law.

No. If you have an exemption from payment for 50 years or more you are also exempt from pro bono. There is no exemption code number to fill in on the pro bono section of the card; it is automatic.