TRENTON, N.J. — The New Jersey Supreme Court ruled on Tuesday that a deportation following a guilty plea does not automatically indicate ineffective assistance of counsel, even when a public defender relies on a client’s false claim of U.S. citizenship. In a 5-2 decision, the state’s highest court overturned a prior ruling from a lower court which had determined that public defender Carol Wentworth failed in her duties by not investigating Juan C. Hernandez-Peralta’s immigration status prior to sentencing.
Hernandez-Peralta had pleaded guilty in 2019 to charges of burglary and robbery, which subsequently led to his deportation. This outcome prompted his assertion that Wentworth had provided ineffective counsel. The case called into question the Sixth Amendment’s guarantee of effective legal representation and referenced the U.S. Supreme Court’s important 2010 ruling in Padilla v. Kentucky, mandating that defense attorneys inform noncitizen clients of the immigration repercussions of a guilty plea.
Associate Justice Rachel Wainer Apter, who wrote the majority opinion, maintained that Wentworth’s actions did not constitute a constitutional failure. She concluded that the public defender’s performance was adequate under the circumstances presented in the case, particularly noting that Wentworth directly asked Hernandez-Peralta about his citizenship status and received an unquestionable affirmation.
The court found that there was no clear evidence contradicting Hernandez-Peralta’s assertion of U.S. citizenship. Although a presentence report indicated his birthplace as Mexico and omitted information regarding his citizenship and Social Security number, the justices ruled that this did not definitively prove that he was not a U.S. citizen. Such reports are typically used to inform sentencing decisions.
In their judgment, the Supreme Court stated, “The presentence report did not clearly contradict the defendant’s claim to be a United States citizen.” Additionally, the justices chose not to mandate that defense attorneys independently verify their clients’ citizenship status in future cases.
Justice Michael Noriega, joined by Justice Douglas Fasciale, dissented, asserting that Wentworth’s approach lacked the comprehensive investigation required by the Constitution. He emphasized that a mere yes-or-no inquiry into citizenship does not fulfill the demands of effective representation.
The ruling has implications for Hernandez-Peralta, as the case now returns to the trial court for denial of his appeal for post-conviction relief. The Ocean County Prosecutor’s Office, which prosecuted Hernandez-Peralta, expressed satisfaction with the Supreme Court’s decision, highlighting the expectation for defendants to be forthcoming with their attorneys.
Prosecutor Bradley D. Billhimer noted that if the ruling had differed, it could have led to a situation where defendants might mislead their legal counsel during plea negotiations, potentially disrupting the judicial process. Conversely, Deputy Public Defender Alison Perrone acknowledged the decision’s unique circumstances and reaffirmed her office’s commitment to ensuring thorough representation.
The New Jersey Office of the Public Defender remains dedicated to investigating all aspects of a client’s case and addressing concerns related to Padilla throughout the criminal proceedings.
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