THIS MATTER
having been opened to the Court on application of plaintiff class, David Perry
Davis, Esq., appearing, for an orderto show cause, and notice having been given
to defendants, Peter C. Harvey, Acting Attorney General of the State of New
Jersey, attorney for defendants, Diane Lamb, Esq., DAG, appearing, and the
Court having read and considered the certification annexed hereto, and it
appearing therefrom that substantial and irreparable harm shall occur in the
absence of such relief and before a formal Notice of Motion can be filed and
heard,
IT IS, on
this day of , 2003 , hereby Ordered
that defendants shall show cause on the
day of ,
2003 , at : before the Hon. ,
J.S.C., located at the Superior Court of New Jersey, 175 South Broad Street,
Trenton, why an Order should not be entered:
1. Enjoining the defendant class from compelling
any member of plaintiff class to attend a hearing where they face a potential
loss of liberty without first notifying plaintiffs of their right to counsel;
2. Enjoining the defendant class from compelling
plaintiff class to attend any hearing where they face a potential loss of
liberty without first notifying indigent plaintiffs of their right to appointed
counsel;
3. Enjoining the defendant class from compelling
any indigent member of plaintiff class to attend any hearing where they face a
potential loss of liberty without first appointing counsel to represent them;
4. Granting a preliminary injunction compelling
the defendants to review, within 72 hours, all currently incarcerated plaintiffs
pending (1) plaintiff class being notified of their right to counsel, (2)
indigent members of plaintiff class being notified of their right to appointed
counsel, (3) indigent members of plaintiff class being appointed counsel;
5. Certifying the proposed classes;
IT IS FURTHER ORDERED that, pending the return date of
the within order to show cause:
1. The plaintiff and defendant classes are
provisionally certified;
2. The defendant class is hereby enjoined from
compelling any member of plaintiff class to attend any hearing where they face
a potential loss of liberty without first notifying plaintiffs of their right
to counsel;
3. The defendant class is hereby enjoined from
compelling indigent members of plaintiff class to attend any hearing where they
face a potential loss of liberty without first notifying indigent members of
plaintiff class of their right to appointed counsel;
3. The defendant class is hereby enjoined from
compelling indigent members of plaintiff class to attend any hearing where they
face a potential loss of liberty without first appointing counsel to represent
them;
4. Defendants shall, within 72 hours, immediately
review the cases of all currently incarcerated members of plaintiff class and
shall comply with the above injunctions during said hearings;
IT IS FURTHER ORDERED:
That
defendants may move to modify or dissolve the within restrains on
days notice to counsel for plaintiff class.
That counsel
for defendants shall file and serve any opposing papers no later than
____________, and plaintiffs' reply, if any, shall be filed and served no later
than .
______________________________
Hon. , JSC
