California
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
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 counsel for indigent parents in some situations, while it is discretionary in others.
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.
categorical
yes
Read more about this
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 California appellate court found a right to counsel for indigent parents in 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.
categorical
yes
Read more about this
Discretionary appointment of counsel
Several appellate courts have suggested that counsel may be appointed on a case-by-case basis in dependency cases under due process.
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.
discretionary
no
Read more about this
Abuse/Neglect/Dependency - Children
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 appointment of counsel
A court must appoint counsel for child unless it determines there would be no benefit to doing so, and the attorney acts as a GAL.
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.
discretionary
no
Read more about this
Adult Protective Proceedings - Protected Person (incomplete)
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 California statute requires appointment of counsel for an indigent endangered adult placed in protective custody.
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.
categorical
yes
Read more about this
All Basic Human Needs
San Francisco enacts ordinance declaring intent to become first "right to civil counsel city"
01/01/2012
The San Francisco Council passed an ordinance declaring an intent to become the first "right to civil counsel city".
Read more about this
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 can or must appoint counsel for those in the military in certain situations.
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.
categorical
yes
Read more about this
CA court reminds of discretion to appoint counsel for prisoners
08/06/2019
A California Court of Appeals held that a trial court erred when it said it lacked the ability to appoint counsel for a prisoner.
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.
discretionary
yes
Read more about this
California Bar task force calls for right to counsel in 4 civil areas
01/01/2015
A report by the Civil Justice Strategies Task Force of the California Bar recommended that the state bar support a right to counsel in 4 areas.
|
The NCCRC gave input to a draft of the report.
|
Read more about this
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
No such proceeding
There is no requirement that a minor obtain parental input prior to having an abortion.
Read more about this
Child Support Establishment
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 few appellate courts have found a right to counsel in certain child support establishment 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.
categorical
yes
Read more about this
Civil Contempt in Family Court
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 California court found a constitutional right to counsel for civil contempt 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.
categorical
yes
Read more about this
Civil Commitment
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
California provides a right to counsel for indigent respondents in various types of 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.
categorical
no
Read more about this
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 California Supreme Court found a right to counsel for respondents in civil commitments.
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.
categorical
no
Read more about this
Custody Disputes - Parents
All about California's Sargent Shriver Civil Counsel projects
06/30/2020
In 2009, California enacted the Shriver Civil Counsel Act to create right to counsel pilots, and in 2016 they were made permanent projects.
Read more about this
Custody Disputes - Children
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 appointment of counsel
A court may appoint counsel for a child in traditional custody proceedings if it would be in the child's best interest.
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.
discretionary
no
Read more about this
Divorce
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 - disabled spouse in property transfer
A statute requires counsel upon request for a spouse alleged to lack legal capacity for a proposed transaction involving community property.
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.
categorical
yes
Read more about this
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 - spousal property transfers
A local court rule in Contra Costa County requires appointment of counsel for certain spousal property transfers.
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.
categorical
yes
Read more about this
Domestic Violence - Alleged Victim
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).
San Francisco ballot initiative establishes DV right to counsel pilot
06/06/2022
A 2022 ballot initiative, Proposition D, creates a 1-year pilot to provide a right to counsel for San Francisco victims of domestic violence.
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.
categorical
yes
Read more about this
Discretionary appointment of counsel
A court may appoint counsel for the petitioner in protection order enforcement cases, and can order the respondent to pay the counsel fees.
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.
discretionary
no
Read more about this
Guardianship/Conservatorship of Adults - Protected Person
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).
Conservatees entitled to counsel upon communicating their wish to terminate conservatorship.
09/30/2022
Conservatees have a right to counsel in seeking to terminate a conservatorship.
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.
categorical
no
Read more about this
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).
CA joins states guaranteeing counsel in conservatorship cases
09/30/2021
A 2021 change to the law guarantees appointment of counsel in conservatorship cases.
California statutes require appointment of counsel in guardianship and conservatorship proceedings, but there are conditions.
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.
categorical
no
|
|
The NCCRC submitted testimony in favor of the bill.
|
Read more about this
Complaints allege CA court violating Americans with Disabilities Act
08/16/2018
Complaints filed with the Sacramento County Superior Court allege violations of the ADA where counsel is not appointed in certain guardianships.
Read more about this
All about California's Sargent Shriver Civil Counsel projects
06/30/2020
In 2009, California enacted the Shriver Civil Counsel Act to create right to counsel pilots, and in 2016 they were made permanent projects.
Read more about this
Housing - Evictions
All about the eviction right to counsel efforts in Los Angeles
10/11/2023
Los Angeles City and County are moving towards enacting laws providing a right to counsel in housing court.
|
|
The NCCRC has been supporting the efforts of the LA Campaign.
|
Read more about this
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).
All about the right to counsel for tenants in San Francisco
02/03/2022
A ballot initiative passed in June 2018 guarantees counsel for San Francisco tenants in eviction cases regardless of income.
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.
categorical
yes
|
|
The NCCRC authored and filed a ballot statement in support of the initiative.
|
Read more about this
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).
Santa Monica explores eviction right to counsel
04/10/2021
Santa Monica has taken steps to move towards a right to counsel in eviction 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.
categorical
yes
Read more about this
California high court working group calls for tenant right to counsel
02/02/2022
A report by a working group created by the Supreme Court of California Chief Justice calls for a statewide tenant right to counsel.
|
|
The NCCRC gave input on some of the report language.
|
Read more about this
Concord CA eviction report calls for right to counsel
07/24/2018
A report out of Concord, California finding numerous problems with the housing market recommends a right to counsel as a policy solution.
Read more about this
California report flags eviction numbers/speed, calls for right to counsel
07/24/2018
A new report from Tenants Together cites sky-high statewide eviction numbers and calls for a right to counsel.
Read more about this
Reaction to RAND op-ed in LA Times
03/01/2024
Our Coordinator responds to a piece in the LA Times by a RAND economist attacking the idea of a tenant right to counsel.
Read more about this
All about California's Sargent Shriver Civil Counsel projects
06/30/2020
In 2009, California enacted the Shriver Civil Counsel Act to create right to counsel pilots, and in 2016 they were made permanent projects.
Read more about this
Immigration
California Legislature calls for fed gov't to ensure counsel for children in immigration cases
09/09/2016
SJR 28, passed by the California Assembly, urges the federal government to guarantee counsel for children in immigration cases.
Read more about this
Issues Related to Incarcerated People
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 - Incarcerated individuals
The California Supreme Court has said that incarcerated persons have a right to counsel in certain circumstances.
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.
categorical
yes
Read more about this
Incarceration for Fees/Fines (incomplete)
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 California court found a right to counsel for civil contempt 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.
categorical
yes
Read more about this
Involuntary Medical Treatment (incomplete)
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
California provides a right to appointed counsel prior to the involuntary administration of medical treatment.
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.
categorical
no
Read more about this
Right to counsel
A person subject to a guardianship has a right to counsel prior to the imposition of court-ordered medical treatment.
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.
categorical
yes
Read more about this
Paternity - Defendant/Respondent
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 an alleged father in a paternity proceeding.
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.
categorical
no
Read more about this
Right to counsel
The California Supreme Court found a state and federal constitutional right to counsel in certain paternity 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.
categorical
yes
Read more about this
Quarantine/Isolation
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 persons subject to a detention order due to tuberculosis, but not for orders of quarantine or isolation.
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.
categorical
yes
Read more about this
Sexually Dangerous Persons - Commitment
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 indigent respondents in sexually violent predator commitment cases, including for review of the commitment.
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.
categorical
no
Read more about this
Sterilization
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 counsel for involuntary sterilization 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.
categorical
no
Read more about this
Termination of Parental Rights (Private) - Children
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 dependent child has a right to counsel in adoption proceedings, whereas a non-dependent child is appointed counsel at the court's discretion.
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.
categorical
yes
Read more about this
Termination of Parental Rights (State) - Children
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 counsel for dependent children in termination cases, and otherwise have discretion to appoint.
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.
discretionary
no
Read more about this
Termination of Parental Rights (Private) - Birth Parents
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
Indigent parents have a right to counsel in most adoption 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.
categorical
yes
Read more about this
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
Two appellate courts have held there is a right to counsel in stepparent adoption 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.
categorical
yes
Read more about this
Termination of Parental Rights (State) - Birth Parents
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 - trial and appeal
Indigent parents are entitled to counsel in termination of parental rights cases and for appeals.
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.
categorical
no
Read more about this
CA Supreme Court: parents have right to effective assistance of counsel on appeal
04/25/2021
The Supreme Court of California ruled parents can challenge a denial of a termination of parental rights appeal that was filed late.
Read more about this
Truancy - Petition Against Child
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 children in truancy proceedings (which are treated as a status offense).
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.
categorical
no
Read more about this
Other Subject Areas
California creates CARE Program for mental health
09/14/2022
Respondents in CARE proceedings have a 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.
categorical
no
Read more about this
Right to counsel
There is a RTC for service members denied an additional stay due to continuing material effect of military duty on their ability to appear.
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.
categorical
yes
Read more about this
| Subject Area |
Status |
| Abuse/Neglect/Dependency - Accused Parents |
qualified |
| Abuse/Neglect/Dependency - Children |
discretionary |
| Adult Protective Proceedings - Protected Person (incomplete) |
qualified |
| All Basic Human Needs |
qualified |
| Benefits - Claimant |
|
| Bypass of Parental Input into Abortion - Minor (Pre-Dobbs) |
no such proceeding |
| Child Support Establishment |
qualified |
| Civil Contempt in Family Court |
qualified |
| Civil Commitment |
categorical |
| Forfeiture (incomplete) |
|
| Consumer or Other Debt |
|
| Custody Disputes - Parents |
|
| Custody Disputes - Children |
discretionary |
| Divorce |
qualified |
| Domestic Violence - Accused Person |
|
| Domestic Violence - Alleged Victim |
qualified |
| Education - Special Education |
|
| Employment Discrimination |
|
| Guardianship/Conservatorship of Children - Child (incomplete) |
|
| Guardianship/Conservatorship of Children - Parent or Guardian (incomplete) |
|
| Guardianship/Conservatorship of Adults - Protected Person |
categorical |
| Health Care Access |
|
| Housing - Discrimination |
|
| Housing - Evictions |
qualified |
| Housing - General |
|
| Immigration |
|
| Issues Related to Incarcerated People |
qualified |
| Incarceration for Fees/Fines (incomplete) |
qualified |
| Involuntary Medical Treatment (incomplete) |
categorical |
| Paternity - Defendant/Respondent |
categorical |
| Paternity - Petitioner or Child |
|
| Quarantine/Isolation |
qualified |
| Sexually Dangerous Persons - Commitment |
categorical |
| Sexually Dangerous Persons - Registration/Notification |
|
| Sterilization |
categorical |
| Termination of Parental Rights (Private) - Children |
qualified |
| Termination of Parental Rights (State) - Children |
discretionary |
| Termination of Parental Rights (Private) - Birth Parents |
qualified |
| Termination of Parental Rights (State) - Birth Parents |
categorical |
| Truancy - Petition Against Child |
categorical |
Go back to Status Map
