Rule 5:12-7.Claims of Ineffective Assistance of Counsel
Last amended September 1, 2009 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:12-7
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Adopted July 16, 2009 to be effective September 1, 2009.
Plain-English Summary
In criminal practice an ineffective assistance claim usually waits for post-conviction relief, after the direct appeal is over. That timetable does not work where a child's permanency is on hold, so this rule reverses it.
Claims of ineffective assistance of trial counsel are raised exclusively on direct appeal of a final judgment or order — not later, and not in a separate proceeding. The matter proceeds expeditiously under the appellate rules governing accelerated appeals in these cases.
Frequently Asked Questions
How do I raise ineffective assistance of counsel in a Division case?
Exclusively on direct appeal of the final judgment or order. The matter proceeds expeditiously under R. 2:9-1(c) and R. 2:10-6.
Can I bring it later in a separate application?
No. The rule makes direct appeal the exclusive route.