Missouri

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

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for indigent parents in abuse/neglect proceedings.

Appointment of Counsel: discretionary Qualified: no

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Litigation

Missouri court: parents must be informed of right to counsel

10/06/2015

A Missouri appellate court found that courts must tell parents they have a right to request appointment of counsel.

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Abuse/Neglect/Dependency - Children

Legislation

MO legislature to consider several bills that would provide client-direct counsel for kids

01/25/2024

The MO legislature is considering several bills that would change a child's right to an attorney GAL to the right to client-directed counsel.

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Key_development Question_mark

Right to counsel

A child has a right to an attorney-GAL in an abuse/neglect proceeding.

Appointment of Counsel: categorical Qualified: yes

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All Basic Human Needs

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for a litigant in any civil proceeding.

Appointment of Counsel: discretionary Qualified: no

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Litigation

Discretionary appointment of counsel

A Missouri court held that trial courts have the inherent power to appoint counsel in civil cases.

Appointment of Counsel: discretionary Qualified: yes

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Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

Key_development Question_mark

Right to counsel

Indigent minors have a right to counsel in proceedings to bypass parental consent for an abortion, as do any other parties to the action.

Appointment of Counsel: categorical Qualified: no

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Civil Contempt in Family Court

Litigation

Missouri debtor's prison case, including right to counsel claim, moves forward

05/26/2015

A federal case alleging the City of Ferguson is jailing indigent debtors without a hearing or counsel has survived a motion to dismiss.

 

Nccrc_involvement_icon

NCCRC staff are working with the plaintiffs on the right to counsel claims.

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Key_development Question_mark

Right to counsel

Several Missouri courts have found a federal due process right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment

Legislation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: no

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Custody Disputes - Children

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel for the child in certain custody cases and may appoint counsel in others.

Appointment of Counsel: categorical Qualified: yes

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Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key_development Question_mark

Right to counsel

Persons subjected to a guardianship or conservatorship have a right to counsel.

Appointment of Counsel: categorical Qualified: no

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Housing - Evictions

Legislation

Key_development Question_mark

All about the tenant right to counsel in Kansas City

12/27/2023

Kansas City has enacted an ordinance guaranteeing counsel for all tenants facing eviction regardless of income.

Appointment of Counsel: categorical Qualified: yes

 

Nccrc_involvement_icon

The NCCRC has supported the efforts of some of the campaign participants.

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Key_development Question_mark

St. Louis is 22nd right to counsel jurisdiction

07/07/2023

St. Louis has enacted a right to counsel for all tenants facing eviction.

Appointment of Counsel: categorical Qualified: yes

 

Nccrc_involvement_icon

The NCCRC assisted the City Council and advocates as well. 

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Incarceration for Fees/Fines (incomplete)

Court Rule or Initiative

Key_development Question_mark

Discretionary appointment of counsel

Courts must appoint counsel in fees/fines cases where necessary to protect due process rights.

Appointment of Counsel: discretionary Qualified: no

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Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Right to guardian ad litem

The court shall appoint an attorney guardian ad litem for children in parentage matters under the Uniform Parentage Act in certain situations.

Appointment of Counsel: categorical Qualified: yes

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Quarantine/Isolation

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for a person named in a petition for commitment due to tuberculosis, but not other isolation or quarantine orders.

Appointment of Counsel: categorical Qualified: yes

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Sexually Dangerous Persons - Commitment

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for respondents in sexually violent predator proceedings.

Appointment of Counsel: categorical Qualified: no

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Sterilization

Litigation

Court says no authority for sterilization

A Missouri appellate court held there is no authority to sterilize a person.

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Right to counsel

A combination of legislation and court rules requires appointment of an attorney for a child in an adoption case.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

A child has a right to an attorney-GAL in a termination of parental rights proceeding.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Discretionary appointment of counsel

04/22/2022

A 2022 law changed appointment of counsel for birth parents in adoption cases from mandatory to discretionary.

Appointment of Counsel: discretionary Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel for indigent parents in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: no

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Truancy - Petition Against Child

Legislation

Key_development Question_mark

Discretionary appointment of counsel

07/14/2021

The court may appoint counsel for Missouri children in truancy cases, which are treated as "child in need of care or treatment" matters.

Appointment of Counsel: discretionary Qualified: no

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