Washington D.C.

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

Right to counsel

An indigent parent has a right to counsel at all critical stages of the proceedings of an abuse/neglect case.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to the appointment of a guardian ad litem who is an attorney in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Adult Protective Proceedings - Proposed Protected Person (incomplete)

Legislation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: no

Read more about this

Bypass of Parental Input into Abortion - Minor

Legislation

No such proceeding

There is no requirement that a minor obtain parental input prior to having an abortion.

Civil Contempt in Family Court

Litigation

Key_development Question_mark

Right to counsel

The D.C. high court said a contemnor cannot be incarcerated without first being appointed counsel.

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 in all mental health commitment proceedings and for changes from outpatient to involuntary inpatient services.

Appointment of Counsel: categorical Qualified: no

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Custody Disputes - Parents

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court has discretion to appoint counsel for parents in certain custody proceedings.

Appointment of Counsel: categorical Qualified: yes

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Custody Disputes - Children

Legislation

Key_development Question_mark

Arbitrator may appoint attorney for child

01/10/2023

Arbitrator of family law matter may appoint an attorney, GAL, or other representative for a child.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Key_development Question_mark

Discretionary appointment of counsel

A statute allows a judge to appoint counsel for a minor in a third party custody proceeding.

Appointment of Counsel: discretionary Qualified: no

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Divorce

Legislation

Key_development Question_mark

Arbitrator may appoint attorney for child

01/10/2023

Arbitrator of family law matter may appoint an attorney, GAL, or other representative for a child.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Key_development Question_mark

Discretionary appointment of counsel - divorce

A statute allows for appointment of counsel for the parent or child in a divorce proceeding.

Appointment of Counsel: discretionary Qualified: no

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Domestic Violence - Accused Person

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for respondents in protection orders who are minors.

Appointment of Counsel: discretionary Qualified: yes

Read more about this

Domestic Violence - Alleged Victim

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The AG may provide assistance to a person who files a domestic violence petition, and the court may appoint counsel for a minor.

Appointment of Counsel: discretionary Qualified: yes

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Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the proposed ward in both temporary and permanent guardianships, as well as guardianship review proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Housing - Evictions

Legislation

D.C. Enacts Expanding Access To Justice Act Of 2017

07/12/2017

The D.C. Council has appropriated $4.5 million for housing eviction defense with an eye towards a right to counsel in housing cases.

 

Nccrc_involvement_icon

NCCRC worked with the legal aid community and the sponsor on bill drafting.

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Incarceration for Fees/Fines (incomplete)

Litigation

Key_development Question_mark

Right to counsel

The D.C. high court has said a contemnor cannot be incarcerated without first being appointed counsel.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Quarantine/Isolation

Legislation

Key_development Question_mark

Right to Counsel

04/23/2020

There is a right to counsel for a person diagnosed as "affected with a communicable disease" who has been detained and petitions for discharge.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Sexually Dangerous Persons - Commitment

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel in "sexual psychopath" commitments, and for any hearings a judge deems necessary for registration requirements.

Appointment of Counsel: categorical Qualified: no

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Sterilization

Legislation

Key_development Question_mark

Right to counsel

A person subject to guardianship must be appointed counsel before the guardian consents to sterilization.

Appointment of Counsel: categorical Qualified: no

Read more about this

Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint a lawyer-GAL for a child in an adoption proceeding.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to a guardian ad litem who is an attorney in termination proceedings, and the court can appoint a separate attorney.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Parents have a right to counsel in adoption consent waiver 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

An indigent parent has a right to counsel at all critical stages of the proceedings of a termination case.

Appointment of Counsel: categorical Qualified: no

Read more about this

Truancy - Petition Against Child

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent children in truancy proceedings (which are treated as neglect cases)

Appointment of Counsel: categorical Qualified: no

Read more about this

Other Subject Areas

Litigation

DC court extends child's right to counsel

02/06/2020

The D.C. Court of Appeals held delinquent children have a right to counsel in proceedings run by the Dept' of Youth Rehabilitation Services.

Appointment of Counsel: categorical Qualified: yes

 

Nccrc_involvement_icon

The NCCRC signed on to an amicus brief from the National Juvenile Defender Center.

Read more about this

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