The Law Office of

David Perry Davis

31 Jefferson Plaza

Princeton, NJ 08540

(732) 274‑9444

(732) 274‑2050 (fax)

Attorney for plaintiff class

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Anne Pasqua, Ray Tolbert, and Michael Anthony, individually and on behalf of all persons similarly situated,

 

     Plaintiffs

 

         vs.

 

Hon. Gerald J. Council and  Hon. F. Lee Forrester, in their official capacity as Judges of the Superior Court, and on behalf of all Superior Court Judges of the State of New Jersey who have in the past conducted Ability to Pay Hearings or who will in the future conduct Ability to Pay hearings,

 

Hon. Deborah Poritz, in her official capacity as Chief Justice of the Supreme Court of New Jersey,

 

Hon. Richard J. Williams, in his official capacity as Administrative Director of the Courts of the State of New Jersey,

 

     Defendants

 

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SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION

MERCER COUNTY

DOCKET NO.

 

     Civil Action

 

 

 

 

 

 

 

 

 

 

     ORDER TO SHOW CAUSE

 

 

 

 

 

 

     THIS MATTER having been opened to the Court on application of plaintiff class, David Perry Davis, Esq., appearing, for an orderto show cause, and notice having been given to defendants, Peter C. Harvey, Acting Attorney General of the State of New Jersey, attorney for defendants, Diane Lamb, Esq., DAG, appearing, and the Court having read and considered the certification annexed hereto, and it appearing therefrom that substantial and irreparable harm shall occur in the absence of such relief and before a formal Notice of Motion can be filed and heard,

     IT IS, on this         day of              ,   2003  , hereby Ordered that defendants shall show cause on the           day of             ,  2003  , at     :      before the Hon.                     , J.S.C., located at the Superior Court of New Jersey, 175 South Broad Street, Trenton, why an Order should not be entered:

     1.   Enjoining the defendant class from compelling any member of plaintiff class to attend a hearing where they face a potential loss of liberty without first notifying plaintiffs of their right to counsel;

 

     2.   Enjoining the defendant class from compelling plaintiff class to attend any hearing where they face a potential loss of liberty without first notifying indigent plaintiffs of their right to appointed counsel;

 

     3.   Enjoining the defendant class from compelling any indigent member of plaintiff class to attend any hearing where they face a potential loss of liberty without first appointing counsel to represent them;

 

     4.   Granting a preliminary injunction compelling the defendants to review, within 72 hours, all currently incarcerated plaintiffs pending (1) plaintiff class being notified of their right to counsel, (2) indigent members of plaintiff class being notified of their right to appointed counsel, (3) indigent members of plaintiff class being appointed counsel;

 

     5.   Certifying the proposed classes;

 

IT IS FURTHER ORDERED that, pending the return date of the within order to show cause:

 

     1.   The plaintiff and defendant classes are provisionally certified;

 

     2.   The defendant class is hereby enjoined from compelling any member of plaintiff class to attend any hearing where they face a potential loss of liberty without first notifying plaintiffs of their right to counsel;

 

     3.   The defendant class is hereby enjoined from compelling indigent members of plaintiff class to attend any hearing where they face a potential loss of liberty without first notifying indigent members of plaintiff class of their right to appointed counsel;

 

     3.   The defendant class is hereby enjoined from compelling indigent members of plaintiff class to attend any hearing where they face a potential loss of liberty without first appointing counsel to represent them;

 

     4.   Defendants shall, within 72 hours, immediately review the cases of all currently incarcerated members of plaintiff class and shall comply with the above injunctions during said hearings;

 

IT IS FURTHER ORDERED:

 

     That defendants may move to modify or dissolve the within restrains on             days notice to counsel for plaintiff class.

 

     That counsel for defendants shall file and serve any opposing papers no later than ____________, and plaintiffs' reply, if any, shall be filed and served no later than              .

 

 

 

 

                                                                                                   ______________________________

                                        Hon.              , JSC