New Hampshire
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).
New Hampshire restores, protects right to counsel for parents in abuse/neglect proceedings
10/01/2015
In 2013, the legislature restored the right to counsel for parents in abuse/neglect cases, and the NH Supreme Court has acted to protect it.
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
|
NCCRC assisted litigation on this issue, and fought the court rule rollback. |
Litigation
Right to counsel
A plurality of the NH Supreme Court found a right to counsel for indigent parents abuse/neglect cases, while a different plurality case did not.
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
|
|
NCCRC filed an amicus brief in the C.M. case. |
Court Rule or Initiative
NH Supreme Court rejects attempt to truncate parental right to counsel
10/19/2015
The NH Supreme Court rejected a proposed rule change that would have truncated a parent's right to counsel in dependency (abuse/neglect) cases.
|
|
NCCRC submitted comments in opposition to the rule change and helped organize other commenters. |
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).
NH enacts right to counsel for certain children
07/26/2024
A court is required to appoint counsel for children placed in certain institutions and may appoint counsel for all 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.
Appointment of Counsel:
categorical
Qualified:
yes
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
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 counsel upon request for a minor seeking to bypass the parental notification requirement 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:
no
Civil Contempt in Family Court
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 appointment of counsel - child support contempt
The New Hampshire Supreme Court held it is appropriate to appoint counsel in some child support 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.
Appointment of Counsel:
discretionary
Qualified:
no
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
There is a right to counsel for an indigent subject of a civil commitment 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.
Appointment of Counsel:
categorical
Qualified:
no
Consumer or Other Debt
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).
NH Supreme Court extends right to counsel to certain debt collection cases
09/18/2018
The right to counsel extends to cases where the State seeks to collect appointed counsel fees, the NH Supreme Court ruled.
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
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
There is a right to counsel for an indigent subject of a guardianship 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.
Appointment of Counsel:
categorical
Qualified:
no
Health Care Access
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).
Legislation
A court must appoint counsel in a hearing on whether to appoint a Special Medicaid Representative.
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)
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).
NH Legislature moves to require counsel prior to fees/fines incarceration
06/02/2017
The NH Legislature enacted a bill in 2017 that requires appointment of counsel prior to incarceration for failure to pay criminal fees/fines.
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
|
|
The NCCRC gave input and support to the court rule petition that preceded this bill. |
Litigation
Discretionary appointment of counsel
The New Hampshire Supreme Court has said that appointment of counsel in the civil debt context is on a case-by-case basis.
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
Sexually Dangerous Persons - 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
There is a right to counsel for indigent respondents in sexually violent predator 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.
Appointment of Counsel:
categorical
Qualified:
no
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
In adoption proceedings, the petitioner must pay the reasonable legal fees of the birth parents.
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
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
An indigent parent has a right to counsel upon request in termination of parental rights proceedings, and must be notified of this right.
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 (which are treated as a "child in need of services" 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:
no
| Subject Area | Status |
|---|---|
| Abuse/Neglect/Dependency - Accused Parents | categorical |
| Abuse/Neglect/Dependency - Children | qualified |
| Adult Protective Proceedings - Protected Person (incomplete) | |
| All Basic Human Needs | |
| Benefits - Claimant | |
| Bypass of Parental Input into Abortion - Minor (Pre-Dobbs) | categorical |
| Child Support Establishment | |
| Civil Contempt in Family Court | discretionary |
| Civil Commitment | categorical |
| Forfeiture (incomplete) | |
| Consumer or Other Debt | qualified |
| Custody Disputes - Parents | |
| Custody Disputes - Children | |
| Divorce | |
| Domestic Violence - Accused Person | |
| Domestic Violence - Alleged Victim | |
| 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 | qualified |
| Housing - Discrimination | |
| Housing - Evictions | |
| Housing - General | |
| Immigration | |
| Issues Related to Incarcerated People | |
| Incarceration for Fees/Fines (incomplete) | categorical |
| Involuntary Medical Treatment (incomplete) | |
| Paternity - Defendant/Respondent | |
| Paternity - Petitioner or Child | |
| Quarantine/Isolation | |
| Sexually Dangerous Persons - Commitment | categorical |
| 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 | categorical |
| Termination of Parental Rights (State) - Birth Parents | categorical |
| Truancy - Petition Against Child | categorical |