STATE OF NEW JERSEY VS. WESTERN WORLD, INC.
A-3007-12T2/M-0474-13
As a matter of first impression, we hold that the Office of
the Public Defender (OPD) is not required to represent an
"indigent" corporation charged with an indictable offense, because construing the Public Defender Act (PDA), N.J.S.A.
2A:158A-1 to -25, to require OPD's representation of indigent
defendants who are not natural persons is repugnant to the
subject and context of the PDA, and contrary to the
Legislature's intent.
We also hold, however, that, when charged with a crime or when
facing a "consequence of magnitude," an "indigent" corporation
has a right to appointed counsel under our state Constitution
and prior precedent. 3/30/15