Major developments
This page lists all of the most recent developments on civil right to counsel across the country. These could be newly created rights to counsel, significant publications, public events, advocacy efforts, or other things that don't fit into a neat category.
New South Carolina law requires separate counsel in guardianship proceedings
05/16/2017
A 2017 law requires appointment of counsel and a guardian ad litem in guardianship cases, rather than counsel acting as a GAL.
Right to counsel - challenging quality of sex offense treatment or search and seizure
05/12/2017
A Kansas appellate court found a due process and equal protection right to counsel for Kansas Sexual Predator Treatment Program concerns.
MA Supreme Court: indigent guardians may be appointed counsel
04/13/2017
The MA Supreme Court held a trial court may use its equitable powers to appoint counsel for an indigent guardian in a child guardianship case.
Legislation: civil forfeiture
04/12/2017
This bill would provide a right to counsel for certain owners in civil forfeiture proceedings.
Legislation: civil forfeiture
04/06/2017
These bills would permit a court to appoint counsel for a third party intervening in a civil forfeiture action.
Iowa enacts law separating GAL and attorney roles for children in custody cases
04/05/2017
A 2017 law separates the role of guardian ad litem and attorney for children in custody cases.
Legislation: civil forfeiture
04/05/2017
A pending Delaware bill would eliminate civil forfeiture and require appointment of counsel in criminal forfeiture proceedings.
Arkansas parents entitled to counsel at emergency child welfare hearing
04/04/2017
A bill passed in 2017 requires parents to be appointed counsel at an emergency ex parte dependency hearing.
Bipartisan call for legislative right to counsel in civil forfeiture cases continues to grow
03/31/2017
Calls to reform civil forfeiture proceedings have come from all sides of the aisle, with legislation filed at the federal and state level.
New Utah law guarantees counsel for criminal debt collection
03/23/2017
A 2017 law organizes all collection of criminal debt into contempt proceedings and requires the appointment of counsel.
Legislation: civil forfeiture
03/21/2017
Several bills would provide a right to counsel for all or certain forfeiture proceedings.
Legislation: children in dependency cases
03/21/2017
This bill would require appointment of counsel for a child in child protective proceedings who is living with a relative.
Articles, studies make case for right to counsel in debt cases
03/02/2017
Two new articles in the Harvard Law & Policy Review support the right to counsel in debt cases.
Legislation (dead): parents in private adoptions
03/01/2017
Two bills would have provided a right to counsel for parents in private adoption cases, codifying a NJ Supreme Court ruling.
Legislation: timing of appointed counsel for parents
02/21/2017
A bill would specify that parents are entitled to appointed counsel early in the child welfare process.
Legislation (dead): fines/fees cases
02/21/2017
A series of bills would have required appointment of counsel prior to incarceration for failure to pay fines/fees.
South Carolina Sup. Court: right to counsel in sex offender commitment cases
02/16/2017
The Supreme Court of South Carolina held there is a constitutional right to appointed counsel in sex offender commitment cases.
Legislation (dead): civil forfeiture
01/24/2017
A bill would have required the public defender to be appointed in civil forfeiture proceedings.
Legislation: minor defendants in DV proceedings
01/23/2017
These bills would require appointment of counsel for minor defendants in protection from abuse proceedings.
Legislation: civil forfeiture
01/23/2017
This bill would eliminate civil forfeiture and requires appointment of counsel for indigent persons opposing forfeiture.
Legislation: minor plaintiffs in DV proceedings
01/23/2017
These bills would require appointment of counsel for minor plaintiffs in protection from abuse proceedings.
Federal agency: all parents/children should be represented in child welfare cases
01/17/2017
DHHS' Administration for Children and Families has issued a memo calling for counsel for all parents/children in child welfare cases.
Legislation (dead): adult guardianships
01/17/2017
These bills would have provided a right to counsel for prospective adult wards in guardianship proceedings.
Right to counsel
01/09/2017
The Alaska Supreme Court has held that indigent parents have a state constitutional right to counsel in certain custody proceedings.
Legislation (dead): termination of parental rights
01/09/2017
This bill would have removed the indigency requirement for a parent to have a right to counsel in termination of parental rights cases.
Legislation (dead): civil forfeiture
01/04/2017
This bill would have abolished civil forfeiture and provided a right to counsel for criminal forfeiture proceedings.
Legislation (dead): civil forfeiture
01/03/2017
This bill would have required a criminal conviction prior to forfeiture, and authorized the PD's office to represent an individual.
Utah high court: some parents have right to counsel in private termination cases
12/08/2016
The Supreme Court of Utah held that parents may be constitutionally entitled to counsel in private termination of rights cases.
MA Senate Committee, Trial Court reports flag right to counsel issues in fees/fines cases
11/17/2016
Reports from a MA Senate Committee and MA Trial Court Working Group call for a right to counsel in fees/fines cases.
Housing Not Handcuffs campaign kicks off, features right to counsel
11/15/2016
A new campaign to end the criminalization of homelessness features right to counsel in housing cases as a major policy platform.