Right to counsel

Key_development Question_mark

Legislation, Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Nev. Stat. § 442.255 specifies that a minor seeking to bypass the parental notification requirement for an abortion has an "interview" with the judge, and there is no provision for appointing counsel for the interview. However, if a minor petitions the court due to being denied the waiver after the initial interview, Nev. Stat. § 442.2555(1) specifies that "the court shall, upon request by the minor if it appears that she is unable to employ counsel, appoint an attorney to represent her in the preparation of a petition, a hearing on the merits of the petition, and on an appeal, if necessary." 


Additionally, the Ninth Circuit held that the notification requirement was unconstitutionally infirm because a) it set the wrong legal standard; and b) in instances where the judge declines to grant the waiver after the interview with the minor and the minor submits a formal petition, the statute has no provision for quickly ruling on the petition. Glick v. McKay, 937 F.2d 434 (9th Cir. 1991). While the "improper standard" prong of Glick was overruled by Lambert v. Wicklund, 520 U.S. 292 (1997), the other provision is still intact. Planned Parenthood of Southern Arizona v. Lawall, 180 F.3d 1022, 1029 n.9 (9th Cir. 1999).




Note: Since the U.S. Supreme Court decision's in Dobbs v. Jackson Women's Health Organization, 142 S.Ct. 2228 (2022), the laws governing abortion are complicated and rapidly changing.  This major development may not be current since Dobbs.  For up-to-date information about the status of abortion by state, please see Center for Reproductive Rights, After Roe Fell: Abortion Laws by State.

Appointment of Counsel: categorical Qualified: yes