3:22-6A. Notifying Court of Assignment; Filing of Appearance
(1) Within ninety days of receipt of an order of assignment on a filed petition for
post-conviction relief, the Public Defender shall provide the court with the name of the
attorney assigned to represent the defendant. That attorney shall, within ten days, file
an appearance with the judge.
(2) If a direct appeal, including a petition for certification, is pending, the Public
Defender shall notify the court, and the petition shall be dismissed without prejudice. If
the defendant refiles the petition within 90 days of the date of the judgment on direct
appeal, including consideration of a petition for certification, or within five years after
rendition of the judgment or sentence sought to be attacked, whichever is later, it shall
be considered a first petition for post-conviction relief.
(3) Where the order of assignment sets forth reasons that the petition is not
cognizable under R. 3:22-2, or does not contain the requirements of R. 3:22-8, or the
Office of the Public Defender determines that such deficiencies exist and so notifies the
court, the attorney assigned to represent the defendant shall, within 120 days of
assignment, file an amended petition or new application that is cognizable under R.
3:22-2 and which meets the requirements contained in R. 3:22-8, or shall seek other
relief as may be appropriate. In the absence of an amended petition, the court may
dismiss the petition without prejudice.
(4) In all other cases in which an attorney is representing the defendant, the
attorney shall file an appearance contemporaneously with the filing of a petition for post-
conviction relief.
