New York

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.

Abuse/Neglect/Dependency - Accused Parents

Legislation

NY extends right to counsel to non-respondent parents

01/01/2016

A 2015 bill extended the right to counsel in abuse/neglect proceedings to non-respondent parents who appear in court.

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Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

The New York Court of Appeals held that indigent parents have a due process and equal protection right to counsel in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: yes

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Minors have a right to counsel in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

An intermediate court held that children are constitutionally entitled to counsel in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: yes

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Adult Protective Proceedings - Proposed Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subjects of an adult protective proceeding.

Appointment of Counsel: categorical Qualified: no

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All Basic Human Needs

Legislation

NY Legislature first to declare support for civil right to counsel principles

06/18/2015

The NY Senate and House passed a concurrent resolution supporting the concept of universal representation in basic human needs civil cases.

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Discretionary appointment of counsel

The court may appoint counsel for a member of the military who does not appear in any civil matter.

Appointment of Counsel: discretionary Qualified: yes

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Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for any party in any civil matter.

Appointment of Counsel: discretionary Qualified: no

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Court Rule or Initiative

NY civil legal aid hearings invoke right to counsel

01/01/2013

At hearings convened by NY Chief Judge Jonathan Lippman, advocates testified about the justice gap and civil right to counsel.

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Miscellaneous

Former NY Chief Judge calls for constitutional convention on civil right to counsel

09/28/2016

Former NY Chief Judge Jonathan Lippman has called for New York to hold a constitutional convention on the right to counsel in civil cases.

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Benefits - Claimant

Legislation

Key_development Question_mark

Right to counsel

A person who successfully pursues an unemployment insurance claim has the right to appointed counsel on appeal.

Appointment of Counsel: categorical Qualified: yes

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Child Support Enforcement (Civil Contempt)

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent respondents in civil contempt proceedings for failure to pay child support.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

Various New York courts have found a constitutional right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of various kinds of civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Custody Disputes - Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for all parents in private custody disputes.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel - custodial guardianship of child

A lower court found a constitutional right to counsel in the proceeding to establish custodial guardianship of a child.

Appointment of Counsel: categorical Qualified: yes

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Custody Disputes - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

Children may be appointed counsel in private custody proceedings.

Appointment of Counsel: discretionary Qualified: no

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Domestic Violence - Accused Person

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for either party in a domestic violence proceeding under Article 8, including for the appeal.

Appointment of Counsel: categorical Qualified: no

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Domestic Violence - Alleged Victim

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for either party in a domestic violence proceeding under Article 8, including for the appeal.

Appointment of Counsel: categorical Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Legislation: guardianships of adults with developmental disabilities

06/13/2017

NY bills would establish a right to counsel for adults with developmental disabilities in guardianship proceedings.

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Key_development Question_mark

Right to counsel

There is a right to counsel for the proposed ward in an Article 81 guardianship proceeding.

Appointment of Counsel: categorical Qualified: yes

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Litigation

Key_development Question_mark

NY court: wards have constitutional right to counsel in Art. 17-A guardianship proceedings

10/03/2016

A NY Surrogate's Court held that proposed wards have a constitutional right to counsel in Article 17-A guardianship cases.

Appointment of Counsel: categorical Qualified: yes

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Key_development Question_mark

Right to counsel

There is a due process right to counsel for guardianship cases where the guardian seeks to commit the person or make major medical decisions.

Appointment of Counsel: categorical Qualified: yes

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Housing - Discrimination

Court Rule or Initiative

NY Chief Judge calls for counsel in all foreclosure cases

06/03/2013

NY Chief Judge Jonathan Lippman has said he wants there to be an attorney in every foreclosure case in the state.

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Housing - Evictions

Legislation

Key_development Question_mark

NYC will be first in country to provide right to counsel in housing court

02/12/2017

NYC will be the first jurisdiction in the country to establish a right to counsel in housing cases following an announcement by Mayor de Blasio.

Appointment of Counsel: categorical Qualified: no

 

Nccrc_involvement_icon NCCRC helped assemble the NYC coalition, spoke at the Dec 5 event, and worked on the SRR report.

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Housing - General

Litigation

Key_development Question_mark

Right to counsel for defendants in military

A lower court suggested that under federal constitutional law, counsel is required when the defendant in an eviction is in the military.

Appointment of Counsel: categorical Qualified: yes

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Immigration

Legislation

Key_development Question_mark

NY to provide counsel for all detained immigrants facing deportation

04/10/2017

In a groundbreaking step, New York will be providing counsel to all detained immigrants facing removal.

Appointment of Counsel: categorical Qualified: no

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New York City holds hearings on providing counsel to immigrants

02/25/2014

The New York City Council's Committee on Immigration held public hearings on different models for providing counsel in immigration cases.

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Pilot

All about the NYC Family Unity Immigration Representation Program

09/01/2016

New York City has created an innovative project for providing counsel for detainees in immigration cases.

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Report

Report finds right to counsel in immigration would pay for itself

05/29/2014

A report commissioned by the NYC Bar finds that an immigration right to counsel would pay for itself.

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Miscellaneous

NY Governor Cuomo: all immigrants will receive representation

11/22/2016

NY Governor Cuomo announced a plan to create the “first-in-the-nation immigrant legal defense fund” to provide counsel for all immigrants.

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Incarceration for Fees/Fines (incomplete)

Legislation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: yes

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Litigation

Key_development Question_mark

Right to counsel

Various New York courts have found a constitutional right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

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Involuntary Medical Treatment

Legislation

Key_development Question_mark

right to counsel

NY statutory law provides a right to counsel to challenge medical treatment decisions.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

Right to counsel

The New York Court of Appeals held a committed patient has a state constitutional right to counsel to dispute treatment decisions.

Appointment of Counsel: categorical Qualified: no

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Paternity - Defendant/Respondent

Legislation

Key_development Question_mark

Right to counsel

An indigent respondent has a right to counsel in paternity proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

A few New York courts have found a due process right to counsel for respondents in paternity proceedings.

Appointment of Counsel: categorical Qualified: yes

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Quarantine/Inoculation

Litigation

Key_development Question_mark

Right to counsel

An intermediate court found a state/federal constitutional due process right to counsel for involuntary hospitalization for disease.

Appointment of Counsel: categorical Qualified: yes

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Key_development Question_mark

Right to counsel

A New York appellate court found a due process right to counsel for involuntary quarantine.

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 indigent respondents in sex offender commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Registration/Notification

Legislation

Key_development Question_mark

Right to counsel

There is a right to appointed counsel for a sex offender in a registration classification hearing.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Right to counsel

Children are entitled to counsel in adoption proceedings involving a contested revocation of consent.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

Minors have a right to counsel in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents in contested adoption proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for parents in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

Right to counsel

A New York Court of Appeals case finding a right to counsel in abuse/neglect has been extended to termination proceedings by a different court.

Appointment of Counsel: categorical Qualified: yes

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Right to counsel

There is a right to counsel for parents in state-initiated termination of parental rights cases.

Appointment of Counsel: categorical Qualified: yes

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Other Subject Areas

Legislation

Key_development Question_mark

New NY law requires appointment of counsel for minors seeking to marry

06/20/2017

A bill passed in 2017 requires a court to appoint counsel for a seventeen year old seeking judicial permission to marry.

Appointment of Counsel: categorical Qualified: no

Read more about this

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