Federal
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
Federal law requires the appointment of counsel for Indian parents in state abuse/neglect and 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
Litigation
5th Circuit: appointment of counsel portion of ICWA is constitutional
04/09/2021
The Fifth Circuit upheld the portion of the Indian Child Welfare Act relating to appointment of counsel for 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).
ICWA, right to counsel apply to private guardianships, says Nebraska high court
02/10/2020
The Supreme Court of Nebraska held= the Indian Child Welfare Act and its right to counsel provisions appliy to private guardianship disputes.
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
Miscellaneous
Federal agency: all parents/children should be represented in child welfare cases
01/17/2017
DHHS' Administration for Children and Families has issued a memo calling for counsel for all parents/children in child welfare cases.
Abuse/Neglect/Dependency - Children
Legislation
NACC urges RTC for kids when CAPTA reauthorized
05/24/2019
The National Association of Counsel for Children is urging Congress to require counsel for children when renewing the governing law.
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
Federal legislation requires states to appoint either a court-appointed special advocate or attorney for children in child welfare 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
All Basic Human Needs
Legislation
Civil right to counsel resolution introduced in Congress
05/08/2020
U.S. House Rep. Joe Kennedy (D-MA) and 14 cosponsors introduced a resolution to provide a right to counsel in civil cases.
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The NCCRC gave input on the resolution language. |
Bill would amend standards for appointing civil counsel in federal court
02/28/2020
New federal legislation would address flaws in the statute governing discretionary appointment of counsel in federal civil cases.
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The NCCRC worked with the primary bill sponsor on the language of the bill. |
Discretionary appointment of counsel
A federal court may "appoint" counsel in any federal civil case, although the attorney has to be willing to serve.
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
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
several provisions of the Serviceman Relief Act provide counsel in certain situations to those in active duty who do not or cannot 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.
Appointment of Counsel:
categorical
Qualified:
yes
Discretionary appointment of counsel
A federal law says that the U.S. Attorney shall represent Native Americans, but it has been interpreted to be 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:
discretionary
Qualified:
yes
Litigation
Fed judge laments lack of right to counsel, recuses himself for helping pro se litigant
01/15/2015
A federal judge felt he had to recuse himself after helping a pro se litigant, and pointed to the lack of a right to counsel as the problem.
Report
U.S. hears from advocates on access to justice and CRTC
09/20/2022
Meetings between U.S. representatives and access to justice advocates highlighted many issues, including civil right to counsel.
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NCCRC testified at the hearings about civil right to counsel. |
CAP issue brief calls for fed gov't leadership on civil legal aid
09/16/2019
An issue brief by the Center for American Progress relies in part on right to counsel efforts to call for federal leadership on civil justice.
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The NCCRC gave input to drafts of the issue brief. |
Other countries to U.S.: provide counsel in civil proceedings
05/15/2015
During a periodic review of the U.S. by the U.N. Human Rights Council, countries urged the U.S. to provide counsel in certain civil cases.
U.N. Human Rights Committee urges U.S. to provide counsel for DV, immigration
03/27/2014
The U.N. Human Rights Committee gave recommendations to the U.S. as to the ICCPR treaty, and urged the provision of counsel in some cases.
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The NCCRC contributed to a shadow report about U.S. obligations under the ICCPR. |
Civil Contempt in Family Court
Miscellaneous
Fed gov't agencies warn state courts about right to counsel obligations
03/21/2016
The Department of Justice and Office of Child Support Enforcement have reminded state courts about the right to counsel for some civil matters.
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
Federal statutory law requires the appointment of counsel for indigent defendants in federal 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
Forfeiture (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
There is a right to counsel in federal civil forfeiture cases involving a defendant's home, and the court may appoint counsel in other 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
Employment Discrimination
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).
Discretionary appointment of counsel
A court may appoint counsel in a federal employment discrimination case.
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
Miscellaneous
U.S. Senate hearings on adult guardianship address right to counsel
11/28/2018
The U.S. Senate's Special Committee on Aging held hearings on state guardianship proceedings, and the right to counsel was discussed.
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NCCRC participants and partners testified at the hearings. |
Housing - Discrimination
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).
Discretionary appointment of counsel
A federal court may appoint counsel in a discrimination case under the Fair Housing Act.
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
Housing - Evictions
Legislation
Federal stimulus/budget bill has money for tenant representation
12/24/2020
The relief/omnibus bill passed by Congress in December 2020 has several pots of money for tenant representation.
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The NCCRC worked with some of the members of Congress who achieved the inclusion of $20 million for tenant representation. |
Federal bills would fund state/local attorneys for tenants
08/04/2020
Bills introduced in the House and Senate would provide federal funding for cities and state to provide counsel for tenants facing eviction.
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The NCCRC gave input on the substance of the bills. |
Sen. Harris files federal right to counsel bill
07/18/2020
Sen. Kamala Harris filed a comprehensive housing reform bill that would, among other things, provide a right to counsel for tenants.
More federal bills would fund cities/states pursuing right to counsel
02/13/2020
Bills filed in the U.S. House and Senate would fund cities/states expanding eviction defense and prioritize those with a right to counsel.
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The NCCRC gave input on the text of the bill. |
U.S. Rep DeLauro introduces housing representation bill
12/04/2019
A bill by U.S. Rep. Rosa DeLauro (D-CT) would expand housing representation and encourage state/local governments to provide a right to counsel.
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The NCCRC worked with DeLauro's office on the text of the bill. |
Ocasio-Cortez introduces housing right to counsel bill
09/25/2019
A bill by U.S. House Rep. Alexandria Ocasio-Cortez would fund states establishing or pursuing a right to counsel in eviction cases.
Report
White House version of Tenant Bill of Rights includes right to counsel
01/27/2023
The recently-released White House Blueprint for a Renters Bill of Rights urges states to give tenants a right to counsel.
Miscellaneous
Treasury, HUD, AG urge right to counsel for tenants
08/27/2021
A combined press release from the Treasury Department, HUD and AG"s Office urged states to use federal funding for right to counsel for tenants.
Immigration
Legislation
Fed legislation would require immigration counsel for children, vulnerable adults
07/25/2018
A federal bill would require counsel for unaccompanied minors and vulnerable adults in immigration proceedings.
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The NCCRC has provided support to some who have testified on some of these bills. |
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
Federal law requires the government to work to secure counsel for unaccompanied minors in immigration 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
Litigation
Ninth Circuit twice dodges question of right to counsel for kids in immigration cases
05/02/2019
Two federal cases sought a right to counsel for all immigrant children in deportation proceedings, but the Ninth Circuit avoided both cases.
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The NCCRC contributed to an amicus brief in the CJLG case filed by law professors. |
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).
Detainees with mental disabilities have right to assistance, says federal court; deportees may return
04/23/2013
A federal district court held that detainees with mental disabilities have the right to assistance in their immigration removal 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
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NCCRC provided some research assistance to counsel for the plaintiffs. |
Report
Policy brief makes case for universal representation in immigration
02/19/2021
A policy brief by the Vera Institute shares compelling statistics justifying the creation of a universal representation program for immigrants.
Report makes case for universal representation for immigrants
06/20/2018
A report from New Jersey Policy Perspective shows that immigrants fare better and the state saves money when counsel is provided.
UN body calls for right to counsel in U.S. immigration cases
05/24/2016
The U.N. Committee to End Racial Discrimination (CERD) has called on the U.S. to guarantee counsel in immigration cases.
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The NCCRC has collaborated on advocacy reports to CERD urging such a right to counsel. |
Study: detained immigrants 5.5x more likely to prevail with lawyer
12/01/2015
A comprehensive study concluded that detained immigrants are 5.5 times more likely to avoid removal if they have a lawyer.
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
Federal law requires the appointment of counsel for Indian parents in state abuse/neglect and 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
| Subject Area | Status |
|---|---|
| Abuse/Neglect/Dependency - Accused Parents | qualified |
| Abuse/Neglect/Dependency - Children | qualified |
| Adult Protective Proceedings - Protected Person (incomplete) | |
| All Basic Human Needs | qualified |
| Benefits - Claimant | |
| Bypass of Parental Input into Abortion - Minor (Pre-Dobbs) | |
| Child Support Establishment | |
| Civil Contempt in Family Court | |
| Civil Commitment | categorical |
| Forfeiture (incomplete) | qualified |
| Consumer or Other Debt | |
| Custody Disputes - Parents | |
| Custody Disputes - Children | |
| Divorce | |
| Domestic Violence - Accused Person | |
| Domestic Violence - Alleged Victim | |
| Education - Special Education | |
| Employment Discrimination | discretionary |
| Guardianship/Conservatorship of Children - Child (incomplete) | |
| Guardianship/Conservatorship of Children - Parent or Guardian (incomplete) | |
| Guardianship/Conservatorship of Adults - Protected Person | |
| Health Care Access | |
| Housing - Discrimination | discretionary |
| Housing - Evictions | |
| Housing - General | |
| Immigration | qualified |
| Issues Related to Incarcerated People | |
| Incarceration for Fees/Fines (incomplete) | |
| Involuntary Medical Treatment (incomplete) | |
| Paternity - Defendant/Respondent | |
| Paternity - Petitioner or Child | |
| Quarantine/Isolation | |
| Sexually Dangerous Persons - Commitment | |
| Sexually Dangerous Persons - Registration/Notification | |
| Sterilization | |
| Termination of Parental Rights (Private) - Children | |
| Termination of Parental Rights (State) - Children | |
| Termination of Parental Rights (Private) - Birth Parents | |
| Termination of Parental Rights (State) - Birth Parents | qualified |
| Truancy - Petition Against Child |