N.J. Stat. » Title 2A — ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
New Jersey Statutes

N.J. Stat. § 2A:158A-1 (2026)

Declaration of state policy

✓ current as of May 2026
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It is hereby declared to be the policy of this State to provide for the realization of the constitutional guarantees of counsel in criminal cases for indigent defendants by means of the system and program established and authorized by this act to the end that no innocent person shall be convicted, and that the guilty, when convicted, shall be convicted only after a fair trial according to the due process of the law.

Notes of Decisions
Cited in 10 cases, 1971–2018 · leading case: State v. Cassidy, 197 A.3d 86 (N.J. 2018).
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State v. Cassidy, 197 A.3d 86 (N.J. 2018). “On September 15, 2017, Cassidy filed a "Motion to Declare Defendant as Indigent to Enable Defendant to apply to the Office of the Public Defender for Ancillary Services for the Cost of the Fees for the Defense Experts in This Matter, Pursuant to N.J.S.A. 2A:158A-1." Four days…”
State of New Jersey Vs. John C. Van Ness (13-01-0208, Monmouth Cnty. & Statewide), 163 A.3d 911 (N.J. Super. Ct. App. Div. 2017). · cites it 2× “The Legislature enacted the Public Defender Act (PDA), N.J.S.A. 2A:158A-1 to -25, "to provide for the realization of the constitutional guarantees of counsel in criminal cases for indigent defendants[.”
New Jersey Div. of Child Prot. & Permanency, 149 A.3d 816 (N.J. Super. Ct. App. Div. 2016). “History of the Public Defender and the Creation of the OPR The Office of the Public Defender was established in 1967 under the Public Defender's Act, N.J.S.A. 2A:158A-1 to -25, to replace "the assigned counsel system with a statewide program for the defense of indigents at…”
State of New Jersey v. W. World, Inc., 111 A.3d 1113 (N.J. Super. Ct. App. Div. 2015). · cites it 2× “OPD argued that, pursuant to the Public Defender Act (the PDA), N.J.S.A. 2A:158A-1 to -25, it retained "some measure of discretion" regarding allocation of its "limited resources.”
State of New Jersey v. A.L., 114 A.3d 365 (N.J. Super. Ct. App. Div. 2015). “N.J.S.A. 2A:158A-1 to -25. "The [OPD] represents all indigent defendants charged with an indictable offense.”
United States Ex Rel. Wood v. Blacker, 335 F. Supp. 43 (D.N.J. 1971). “Prior to the enactment of N.J.S.A. 2A:158A-1 et seq. (1967), (the New Jersey Public Defender Act), it was a practice in this State to have court-appointed attorneys represent accused persons who were unable to retain private counsel.”
In re State, 182 A.3d 419 (N.J. Super. Ct. App. Div. 2018). “a service necessary to defendant's case" under those circumstances, the Court determined it "not unfair to permit the court to impose those fees on the [Office of the Public Defender]" in accordance with the Public Defender Act, N.”
Ronald Sasala Vs. State of New Jersey (l-3532-14, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). · cites it 2× “The State was 1 At all times relevant to this case, these attorneys were employed by the Office of the Public Defender established by the Legislature under N.J.S.A. 2A:158A-1 to -25. The mission of the Public Defender is "to provide for the realization of the constitutional…”
Douglas v. Cathel (3d Cir. 2006). “at 25 (citing N.J. Stat. Ann. § 2A:158A-1.) In Nilsen, the court explained that the New Jersey legislature “vest[ed] in the Public Defender the exclusive authority to determine whether a defendant who has been indicted is indigent and eligible for representation by the Office of…”
Haner v. State (Vt. Super. Ct. 2010). “§§ 802 -8–802-12, N.J. Stat. Ann. § 2A:158A-1 et seq, Wyo. Stat.”
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