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.