Right to counsel

Ala. Code § 15-12-20 states:

In ... civil and criminal nonsupport cases which may result in the jailing of the defendant . . . when a defendant is entitled to counsel as provided by law, the trial judge shall before arraignment ascertain from the accused, or otherwise: (1) Whether or not the defendant has arranged to be represented by counsel; (2) Whether or not the defendant desires the assistance of counsel; and (3) Whether or not the defendant is able financially or otherwise to obtain the assistance of counsel.

Although the statute appears to condition the right to counsel in civil nonsupport contempt on situations “when a defendant is entitled to counsel as provided by law,” at least one court has interpreted the statute to state that there is a right to counsel in such proceedings.  In Leftwich v. Vansandt, the court said in dicta that this statute establishes a right to counsel in civil contempt cases. 995 So.2d 172, 174 (Ala. Civ. App. 2008) (“[T]here are certain Alabama statutes that provide for appointed counsel in certain civil proceedings, e.g., ‘civil ... nonsupport cases which may result in the jailing of the defendant,’ Ala. Code 1975, § 15-12-20 . . . .”).