Minnesota

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.
None 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

Key_development Question_mark

Discretionary appointment of counsel

A statute permits appointment of counsel for parents in CHIPS (abuse/neglect) cases.

Appointment of Counsel: categorical Qualified: yes

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Court Rule or Initiative

Key_development Question_mark

Right to counsel

A court rule guarantees counsel for Indian parents in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Minnesota passes bill strengthening child's right to counsel in abuse/neglect cases

06/01/2017

A 2017 bill strengthened the right to appointed counsel for Minnesota children 10 and over in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: yes

 

Nccrc_involvement_icon NCCRC assisted with the drafting of the 2017 bill.

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All Basic Human Needs

Legislation

Key_development Question_mark

Discretionary appointment of counsel - discrimination cases

A statute provides courts with the discretionary power to appoint counsel in a case involving discrimination.

Appointment of Counsel: discretionary Qualified: yes

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Court Rule or Initiative

Minnesota Supreme Court essay contest focuses on civil right to counsel

11/21/2014

The Minnesota Supreme Court Historical Society's 2014 essay contest for high school students was about civil right to counsel.

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for minors bypassing parental notification for abortion that will exist only if the notice provision is enjoined.

Appointment of Counsel: categorical Qualified: yes

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Civil Contempt in Family Court

Litigation

Right to counsel

The Minnesota Supreme Court recognized a right to counsel in certain child support civil contempt cases, pursuant to its supervisory power.

Appointment of Counsel: categorical Qualified: yes

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Court Rule or Initiative

Key_development Question_mark

Right to counsel

There is a right to counsel in Minnesota child support contempt proceedings where incarceration is a potential outcome.

Appointment of Counsel: categorical Qualified: no

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for respondents in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the proposed ward in a guardianship proceeding.

Appointment of Counsel: categorical Qualified: no

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Involuntary Medical Treatment

Legislation

Key_development Question_mark

Right to counsel

Any proposed patients subjected to "early intervention" medical treatment are entitled to counsel.

Appointment of Counsel: categorical Qualified: no

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Paternity - Defendant/Respondent

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent respondents in paternity proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

The Minnesota Supreme Court created a right to counsel in paternity cases brought by the state, pursuant to its supervisory power.

Appointment of Counsel: categorical Qualified: yes

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Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent petitioners in paternity proceedings.

Appointment of Counsel: categorical Qualified: no

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Quarantine/Inoculation

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent litigants in a variety of quarantine or blood testing proceedings.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Commitment

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel in civil commitments of sexually dangerous persons.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for a child in an adoption case.

Appointment of Counsel: discretionary Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Minnesota passes bill strengthening child's right to counsel in termination cases

06/01/2017

A 2017 bill strengthened the right to appointed counsel for Minnesota children 10 and over in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: yes

 

Nccrc_involvement_icon The NCCRC assisted with the drafting of the 2017 bill.

Read more about this

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for some birth parents in adoption proceedings.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Birth Parents

Legislation

Discretionary appointment of counsel

Appointment of counsel is discretionary for parents in CHIPS and termination of parental rights cases.

Appointment of Counsel: discretionary Qualified: no

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Court Rule or Initiative

Key_development Question_mark

Right to counsel

A court rule guarantees counsel for Indian parents in adoption proceedings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Truancy - Petition Against Child

Legislation

Key_development Question_mark

Right to counsel

Minnesota children in truancy proceedings only have a right to counsel when out-of-home placement is sought.

Appointment of Counsel: categorical Qualified: yes

Read more about this

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