2021/2022 CIVIL RIGHT TO COUNSEL BILLS

 

Listed below are all of the 2021/2022 bills that address the right to counsel in civil cases.  The NCCRC monitors all such bills and regularly reports on their progress, and we also are involved with some of them.


Where any bills from a prior year are listed as "active", they are carryover bills.


 

 

Enacted bills

 

State Bill #

Description

Latest Status

DC B23-0181

Authorizes court to appoint counsel for a minor in certain protective order or anti-stalking cases provided it would not unduly delay issuance of order.

 

Returned by the Mayor on 1/14/21. 

  

Active bills

 

State Bill #

Description

Latest Status

FL SB 80

Requires court to appoint counsel for caregiver of child in certain circumstances when change of custody sought post-disposition in child welfare cases.

 

Referred to Children, Families, and Elder Affairs; Judiciary; and Rules Committees on 1/14/21.


HI SB 199

Changes law for assisted community placement for drug/alcohol treatment such that a guardian ad litem is appointed instead of the public defender.

 

Introduced on 1/22/21.


IN SB 339

Requires court to appoint counsel for child in child welfare case where basis for case is human trafficking.

 

Referred to Committee on Corrections and Criminal Law Committee on 1/11/20.


IN SB 350

Requires appointed counsel for tenants in small claims possessory actions in Marion County.

 

Referred to Judiciary Committee on 1/11/21.

MD HB 18 / SB 154

Provides a right to counsel for tenants facing eviction.

 

HB 18 scheduled for first reading before Judiciary Committee on 1/13/21.


SB 154 referred to Judicial Proceedings and Budget and Taxation, and first hearing set before Judiciary set for 1/28/21.


MD HB 242 / SB 173

Requires court to appoint counsel for minor seeking to emancipate in order to marry.

 

Assigned to Judiciary Committee on 1/13/21.


MO SB 327

Would eliminate birth parent's right to counsel in adoption cases.

 

Prefiled on 12/29/20.


MO HB 673

Eliminates provision specifying that fees for birth parent's attorney in adoption cases are paid by adoptive parents or adopting agency.

 

Introduced on 1/5/21.


ND HB 1035

Would require court to appoint counsel for child in Child in Need of Care cases and in child protection cases where child is "of sufficient age and competency to assist counsel."

 

Hearing in Judiciary Committee on 1/26/21.

NE LB 419

Would require court to appoint counsel for all tenants in eviction proceedings.

 

Referred to Judiciary Committee on 1/20/21.


NE LB 307

Makes appointment of counsel in child welfare proceedings automatic for juveniles regardless of county size, and specifies that counsel appointed for juvenile continues through post-dispositional proceedings until relieved by court or requested by the juvenile.

 

Referred to Judiciary Committee on 1/4/21.  Hearing set for 1/28/21.
NJ AB 923 / SB 211

Permits court to appoint counsel for active service member who fails to appear in a proceeding.

 

AB 923 referred to Military and Veterans' Affairs Committee on 1/14/20.


SB 211 referred to Military and Veterans' Affairs Committee on 1/14/20.


NJ AB 684 / SB 2002

Requires court to appoint counsel in hearing to establish limited guardianship for purposes of authorizing treatment for substance abuse.


AB 684 referred to Human Services Committee on 1/14/20.

 

SB 2002 referred to Health, Human Services and Senior Citizens Committee on 3/5/20.

 

NJ AB 4615 / SB 2877

Would require appointment of counsel for all conservatorship proceedings until conservatorship terminated.


AB 4615 referred to Assembly Aging and Senior Services Committee on 9/14/20.

 

SB 2877 referred to Health, Human Services and Senior Citizens Committee on 9/14/20.

 

NJ AB 4618 / SB 2876

Would require appointment of counsel for all guardianship proceedings until guardianship terminated.


AB 4618 referred to Assembly Aging and Senior Services Committee on 9/14/20.

 

SB 2876 referred to Health, Human Services and Senior Citizens Committee on 9/14/20.

 

NJ AB 2245

Requires court to appoint counsel for child prior to involuntary treatment.


 

Referred to Human Services Committee on 1/14/20.


NJ AJR 30 / SJR 36

Would create legislative task force to study appointment of counsel for DV victims.

 

AJR 30 passed Assembly and referred to Senate Judiciary Committee on 2/24/20.

 

SJR 36 referred to Judiciary Committee on 2/3/20.

 

NJ AB 4522 / SB 2778  

Requires court to appoint counsel for proceeding to civilly commit person for substance abuse.

 

 

Referred to Health, Human Services and Senior Citizens Committee on 8/3/20.


NV SB 7

Would authorize court to appoint counsel for minor respondents in order of protection cases.

 

Assigned to Judiciary Committee on 11/20/20.

NV SB 70

Would require appointed counsel for involuntary outpatient treatment services.

 

Referred to Committee on Health and Human Services on 11/18/20.


NY AB 2581

Would require appointment of counsel for a kinship caretaker acting as a parent of a child and who is seeking guardianship/custody of the child.

 

Referred to Children and Families Committee on 1/19/21.

 

OK HB 1765

Requires court to appoint counsel for involuntary drug/alcohol treatment.

 

Introduced on 2/1/21.

 

OR HB 2545

Requires court to appoint counsel for indigent parents in child custody proceedings.

 

Referred to Judiciary Committee on 1/19/21.

OR HB 3022

Would elimiante right to counsel for children in custody proceedings and make appointment discretionary.

 

Introduced on 1/20/21.

OR SB 202 / SB 578

Requires court to appoint counsel for respondent in adult protective proceedings where respondent requests counsel or objects to proceedings.

 

SB 202 referred to Judiciary and Ballot Measure 110 Implementation on 1/19/21.


SB 578 referred to Judiciary and Ballot Measure 110 Implementation on 1/19/21.


SC HB 3072

Would require appointment of counsel for tenants in any cases relating to termination or alleged noncompliance with rental agreement.

 

Referred to Committee on Labor, Commerce and Industry on 1/12/21.


TX HB 567 / SB 190

Requires court to appoint attorney ad litem for child and parent (immediately after petition but before hearing) where state petitions to require parent to participate in certain services.

 

HB 567 filed on 11/13/20.


SB 190 filed on 11/13/20.




TX HB 1171

Would authorize court to appoint an attorney ad litem or guardian ad litem to represent fetus in proceeding initiated by minor to bypass parental consent requirement for abortion.

 

Introduced on 1/19/21.

TX HB 1190 / HB 1204

Would require appointment of counsel for indigent alleged sex offenders for administrative hearings as to whether to place the offender on the registry.

 

HB 1190 filed on 1/19/21.


HB 1204 filed on 1/19/21.


VA HB 2166

Requires appointment of counsel for periodic review of involuntary outpatient treatment.

 

Prefiled on 1/12/21.

VA SB 550

Would expand authorization of courts in First and Second Judicial Districts to appoint counsel for alleged victims from family abuse to also include dating relationship abuse.

 

Judiciary continued bill to 2021 on 2/3/20.


WA SB 5053

Would establish court bypass procedure for new requirement for minors to notify parents prior to seeking abortion, and require appointed counsel for such a procedure.

 

Referred to Law & Justice Committee on 1/11/21.

WA SB 5160

Requires court to appoint counsel for indigent tenants in eviction court proceedings.

 

Referred to Housing & Local Government Committee on 1/12/21.

 

WA HB 1219

Requires court to appoint counsel for all children in dependency proceedings.

 

Referred to Civil Rights & Judiciary Committee on 1/15/21.  Public hearing set for 1/27/21.

 


 

Dead bills