2:9-1. Control by Appellate Court of Proceedings Pending Appeal or Certification
(a) . . . no change
(b) . . . no change
(c) Ineffective Assistance of Counsel Claim in Appeals from Judgment
Terminating Parental Rights. In appeals from judgments terminating parental
rights pursuant to N.J.S.A. 30:4C-15 et seq. in which ineffective assistance of
counsel has been alleged, the appellate court, if it determines there to be a
genuine issue of material fact on the issue of the representation provided by trial
defense counsel that requires resolution, may retain jurisdiction and remand the
case to the trial judge for an accelerated hearing to be completed within 30 days
to be followed promptly by an oral opinion by the trial judge. The parties shall
then be permitted simultaneously to exchange supplemental appellate briefs on
the limited issue of the remand no later than seven days after the filing of the
transcript of the remand proceedings.
