Rules of Court · Part 2 · New Jersey
R. 2:10-6 New Jersey Rules of Court, R. 2:10-6: Allegation of Ineffective Assistance of Counsel in Termination of Parental Rights Cases, rendered as code with every cross-reference linked
Allegation of Ineffective Assistance of Counsel in Termination of Parental Rights Cases
In appeals from judgments terminating parental rights pursuant to N.J.S.A. 30:4C-15 et seq. in which ineffective assistance of counsel has been alleged, the issue shall be raised in the direct appeal of the matter below. The brief submitted by appellate counsel must set forth the factual basis for asserting that trial counsel's performance was deficient and explain why the result would have been different had the lawyer's performance not been deficient. In appropriate cases, counsel shall proffer certifications or other documentary evidence to support the claim. If the appellate court determines that a genuine issue of material disputed fact on the issue of the representation provided by trial defense counsel has been raised, the matter may be remanded to the trial judge and proceed in accordance with R. 2:9-1(c).
Note: Adopted July 16, 2009 to be effective September 1, 2009.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 2:10-6 "Allegation of Ineffective Assistance of Counsel in Termination of Parental Rights Cases" {
In appeals from judgments terminating parental rights pursuant to N.J.S.A. 30:4C-15 et seq. in which ineffective assistance of counsel has been alleged, the issue shall be raised in the direct appeal of the matter below. The brief submitted by appellate counsel must set forth the factual basis for asserting that trial counsel's performance was deficient and explain why the result would have been different had the lawyer's performance not been deficient. In appropriate cases, counsel shall proffer certifications or other documentary evidence to support the claim. If the appellate court determines that a genuine issue of material disputed fact on the issue of the representation provided by trial defense counsel has been raised, the matter may be remanded to the trial judge and proceed in accordance with R. 2:9-1(c).
Note: Adopted July 16, 2009 to be effective September 1, 2009.
}
referenced_by: 5:12-7
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02← R. 2:10-5 · chapter 2:10 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.