Alabama
This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.
| Color Key | Explanation |
|---|---|
| Categorical Right To Counsel | There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel). |
| Discretionary Appointment Of Counsel | Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required. |
| Right Or Appointment Is Qualified | The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case. |
| No Such Proceeding | This state has no law creating a judicial proceeding of this type. |
| No Authorization, But Relevant Materials | While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area. |
| Other | Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible. |
Abuse/Neglect/Dependency - Accused Parents
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
A statute requires the court to appoint counsel for indigent respondent parents in dependency cases.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Litigation
Right to counsel
A federal court found a federal due process right to counsel for indigent respondent parents in Alabama dependency proceedings.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Abuse/Neglect/Dependency - Children
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
Children have a right to an attorney ad litem in abuse/neglect proceedings.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Adult Protective Proceedings - Proposed Protected Person (incomplete)
Legislation
Right to guardian ad litem
03/09/2023
An adult subject of protective services proceeding has the right to a GAL, but it is unclear whether GAL must be an attorney.
Bypass of Parental Input into Abortion - Minor
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
A court must appoint a best interests attorney for a minor seeking to bypass parental consent for an abortion.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Civil Contempt in Family Court
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
A statute requires that the court appoint counsel for an indigent defendant in civil contempt cases based on failure to pay child support.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Litigation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
The Alabama Court of Civil Appeals extended a case finding a right to counsel in criminal contempt cases to civil contempt.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Civil Commitment
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
A statute requires court to appoint counsel for certain respondents and petitioners in civil commitment proceedings.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Litigation
Right to counsel
A federal court held that people in Alabama being civilly committed have a federal constitutional right to counsel.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Civil Forfeiture (incomplete)
Report
Another report calls for right to counsel in fees/fines cases
10/10/2018
A report from Alabama Appleseed urges the state to provide counsel at all postconviction proceedings related to court debt.
Custody Disputes - Children
Litigation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Discretionary right to a GAL
Courts seem to have the authority to appoint a GAL attorney for children in custody disputes, but the source of authority is unclear.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
discretionary
Qualified:
no
Guardianship/Conservatorship of Adults - Protected Person
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
A statute requires a court to appoint an attorney ad litem for the subject of a guardianship, conservatorship, or other protective order matter.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Incarceration for Fees/Fines (incomplete)
Litigation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Alabama fed court settlement establishes RTC in ability-to-pay cases
11/17/2014
A federal district court approved a settlement requiring counsel for indigent debtors at ability-to-pay hearings.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
The Alabama Court of Civil Appeals extended a case finding a right to counsel in criminal contempt cases to civil contempt.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Involuntary Medical Treatment (incomplete)
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to Counsel
Respondents in involuntary medical treatment matters have the right to an attorney.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Paternity - Defendant/Respondent
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
A statute may provide a right to counsel for indigent fathers in paternity cases.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Paternity - Petitioner or Child
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to a guardian ad litem
A child named as a party to a parentage action is entitled to a GAL, but it is not clear whether the GAL must be an attorney.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Quarantine/Isolation
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to Counsel
There is a right to counsel for a person subject to commitment to the custody of the Dept. of Public Health, not broader quarantine orders.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Sexually Dangerous Persons - Commitment
Legislation
No such proceeding
There is no procedure in the state for confinement of a sexually dangerous/violent person.
Sterilization
Litigation
Sterilization forbidden without statutory authorization
The Alabama Supreme Court has has held courts do not have power to order sterilization absent statutory authority.
Termination of Parental Rights (Private) - Children
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
03/08/2023
Adoptees in contested adoption matters have the right to a GAL, who must be an attorney.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Termination of Parental Rights (State) - Children
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
Courts must appoint an attorney ad litem for children in termination of parental rights proceedings.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Termination of Parental Rights (Private) - Birth Parents
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
Certain minor or incompetent parents have the right to a GAL in adoptions. Indigent petitioners may have the RTC upon request in TPR cases.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Termination of Parental Rights (State) - Birth Parents
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
A statute requires appointed counsel for indigent respondent parents in termination cases, and permits appointment for indigent petitioners.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Litigation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
The Alabama Court of Civil Appeals held the state constitution's due process clause requires counsel for parents in termination cases.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Truancy - Petition Against Child
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
Children have a right to counsel in truancy proceedings only when they face placement in an institution; otherwise appointment is discretionary.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
| Subject Area | Status |
|---|---|
| Abuse/Neglect/Dependency - Accused Parents | categorical |
| Abuse/Neglect/Dependency - Children | qualified |
| Adult Protective Proceedings - Proposed Protected Person (incomplete) | |
| All Basic Human Needs | |
| Benefits - Claimant | |
| Bypass of Parental Input into Abortion - Minor | qualified |
| Child Support Establishment | |
| Civil Contempt in Family Court | qualified |
| Civil Commitment | categorical |
| Civil Forfeiture (incomplete) | |
| Consumer or Other Debt | |
| Custody Disputes - Parents | |
| Custody Disputes - Children | discretionary |
| Divorce | |
| Domestic Violence - Accused Person | |
| Domestic Violence - Alleged Victim | |
| Education - Special Education | |
| Employment Discrimination | |
| Guardianship/Conservatorship of Adults - Protected Person | qualified |
| Health Care Access | |
| Housing - Discrimination | |
| Housing - Evictions | |
| Housing - General | |
| Immigration | |
| Issues Related to Incarcerated People | |
| Incarceration for Fees/Fines (incomplete) | qualified |
| Involuntary Medical Treatment (incomplete) | categorical |
| Paternity - Defendant/Respondent | qualified |
| Paternity - Petitioner or Child | qualified |
| Quarantine/Isolation | qualified |
| Sexually Dangerous Persons - Commitment | no such proceeding |
| Sexually Dangerous Persons - Registration/Notification | |
| Sterilization | no such proceeding |
| Termination of Parental Rights (Private) - Children | qualified |
| Termination of Parental Rights (State) - Children | qualified |
| Termination of Parental Rights (Private) - Birth Parents | qualified |
| Termination of Parental Rights (State) - Birth Parents | categorical |
| Truancy - Petition Against Child | qualified |