Rules of Court · Part 3 · New Jersey
R. 3:8-3 New Jersey Rules of Court, R. 3:8-3: Representation by Public Defender, rendered as code with every cross-reference linked
Representation by Public Defender
(a) Application; Determination; Referral. The criminal division manager's office shall receive applications for services of the Public Defender and shall determine indigence. A defendant who qualifies for service shall be referred to the Office of the Public Defender no later than the arraignment. The defense counsel appointed by the Office of the Public Defender shall promptly file an appearance.
(b) Scope of Services. The Office of the Public Defender shall represent indigent defendants who qualify for its services through:
(1) Direct appeal from conviction;
(2) Post-conviction proceedings for which the Rules of Court provide assigned counsel;
(3) Direct appeal from those post-conviction proceedings; and
(4) Review of cases after the Appellate Division issues a judgement in an appeal as of right and compliance with the provisions of paragraph (c) of this Rule following that review.
(c) Services Following Appellate Division Judgment. In cases that present a potentially meritorious petition for certification in accordance with the standards in R. 2:12-4, the Office of the Public Defender shall file a petition for certification accompanied by a letter brief or a letter relying on defendant’s Appellate Division arguments. In cases in which defense counsel appointed by the Office of the Public Defender cannot certify that a petition “presents a substantial question and is filed in good faith,” as required by R. 2:12-7(a), the Office of the Public Defender shall not file a petition but shall notify defendant of this position in writing and offer copies of relevant briefs, transcripts, and any other documents.
Note: Adopted July 5, 2000 to be effective September 5, 2000; amended April 12, 2016 to be effective May 20, 2016; text amended and captioned as paragraph (a), new paragraphs (b) and (c) adopted July 29, 2019 to be effective September 1, 2019.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 3:8-3 "Representation by Public Defender" {
(a) Application; Determination; Referral. The criminal division manager's office shall receive applications for services of the Public Defender and shall determine indigence. A defendant who qualifies for service shall be referred to the Office of the Public Defender no later than the arraignment. The defense counsel appointed by the Office of the Public Defender shall promptly file an appearance.
(b) Scope of Services. The Office of the Public Defender shall represent indigent defendants who qualify for its services through:
(1) Direct appeal from conviction;
(2) Post-conviction proceedings for which the Rules of Court provide assigned counsel;
(3) Direct appeal from those post-conviction proceedings; and
(4) Review of cases after the Appellate Division issues a judgement in an appeal as of right and compliance with the provisions of paragraph (c) of this Rule following that review.
(c) Services Following Appellate Division Judgment. In cases that present a potentially meritorious petition for certification in accordance with the standards in R. 2:12-4, the Office of the Public Defender shall file a petition for certification accompanied by a letter brief or a letter relying on defendant’s Appellate Division arguments. In cases in which defense counsel appointed by the Office of the Public Defender cannot certify that a petition “presents a substantial question and is filed in good faith,” as required by R. 2:12-7(a), the Office of the Public Defender shall not file a petition but shall notify defendant of this position in writing and offer copies of relevant briefs, transcripts, and any other documents.
Note: Adopted July 5, 2000 to be effective September 5, 2000; amended April 12, 2016 to be effective May 20, 2016; text amended and captioned as paragraph (a), new paragraphs (b) and (c) adopted July 29, 2019 to be effective September 1, 2019.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-10-08; corpus harvested 2026-09-02← R. 3:8-2 · chapter 3:8 · 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.