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.

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Texas court: when parents square off in private termination case, kids must have counsel

03/23/2018

A statute requires counsel for a child in a termination case unless their interests are adequately represented by another party.

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NY appellate ct: trial court erred in imputing income for appointed counsel decision

03/23/2018

An appellate court in New York held that trial courts cannot impute income in determining whether a person is entitled to appointed counsel.

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Utah becomes 27th state to guarantee counsel for parents in private termination cases

03/20/2018

A statute enacted in 2016 and amended in 2018 requires counsel for a parent in a juvenile court private termination of parental rights case.

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New national reports call for right to counsel in housing cases

03/20/2018

New reports by the Center for Social Innovation and the National Law Center on Homelessness and Poverty support a right to counsel in evictions.

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ACLU report decries private debt collection, calls for right to counsel

02/21/2018

A new report by the ACLU looks at the collection of private debt and the need for counsel to protect debtors from incarceration.

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Pennsylvania adds right to counsel for sex offender registration proceedings

02/21/2018

A bill passed in 2018 guarantees counsel for proceedings to determine the need for sexually violent predator registration.

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Legislation: private termination of parental rights

02/16/2018

A bill would change the law to make appointment of counsel for indigent parents in private termination of parental rights mandatory.

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ABA adopts NCCRC-authored resolution on right to counsel

02/05/2018

A new ABA resolution, authored by the NCCRC, calls for a right to counsel whenever physical liberty is at stake.

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Legislation: body attachments

02/05/2018

A proposed bill would guarantee counsel when a body attachment to detain a tenant for failing to pay a money judgment to a landlord.

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King County WA creates right to counsel for certain crime victim families

02/01/2018

A King County WA ordinance enacted in 2018 provides a right to counsel for families of police violence victims at inquest proceedings.

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Florida constitutional amendment would have guaranteed counsel for dependent children

01/20/2018

A proposed constitutional amendment would have guaranteed counsel for all Florida dependent children, but it did not make it out of committee.

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Supreme Court of Ohio strengthens parental right to counsel

01/04/2018

A new decision from the Supreme Court of Ohio creates a stronger standard for waiver of a parent's right to counsel in the termination context.

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Vermont bill would establish right to counsel for immigration matters

01/03/2018

A bill would require the appointment of counsel for immigrants in various kinds of immigration proceedings.

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New uniform law expands protections in adult guardianship proceedings

12/18/2017

An updated uniform act improves the right to counsel for adult wards in guardianship proceedings.

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MA trial court issues historic right to counsel decision

12/17/2017

A Massachusetts trial court ordered the appointment of an attorney ad litem in a housing eviction case.

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Legislation: higher education proceedings

12/14/2017

This bill would require counsel for an indigent higher education student subject to disciplinary proceeding due to allegation of a crime.

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Legislation: parents in dependency proceedings

12/03/2017

Two bills would create a pilot project where parents in certain counties would have a right to counsel in dependency cases.

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Immigration representation across country to expand, backed by report

11/14/2017

A study found represented immigrants are 12 times more likely to avoid deportation. The study is tied to a project to expand representation.

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Wisconsin case addresses right to counsel for confinement of pregnant women

10/26/2017

A Wisconsin case raises the issue of right to counsel when pregnant women are civilly committed for alleged child endangerment.

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NCCRC gives input to 2017 UN Rapporteur on Extreme Poverty

10/03/2017

NCCRC collaborated on a report to a UN Rapporteur urging the recognition of a right to counsel in civil cases as a way of combatting poverty.

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Delaware Access to Justice Commission subcommittees call for right to counsel

09/18/2017

A report by several subcommittees of the Delaware Access to Justice Commission urges recognition of a right to counsel for more civil cases.

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Survey: Americans overwhelmingly support right to counsel in civil cases

09/12/2017

A survey conducted by Voices for Civil Justice reveals that Americans strongly support a right to counsel in civil cases.

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WA court says child should have been appointed counsel

09/11/2017

A Washington Court of Appeals held that a trial court should have appointed counsel for a child in a dependency proceeding.

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US Commission on Civil Rights calls for counsel in fees/fines cases

09/01/2017

The US Commission on Civil Rights released a report regarding the need for counsel prior to incarceration for failure to pay fees/fines.

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Conference of State Court Administrators urges counsel for all child welfare cases

08/31/2017

COSCA has released a new child welfare policy urging all state courts to provide counsel for parents and children in child welfare cases.

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PA Supreme Court: children have right to counsel in termination proceedings

08/23/2017

The PA Supreme Court held that children have a right to the appointment of client-directed counsel in termination proceedings.

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ABA resolution calls for right to counsel in immigration cases

08/14/2017

ABA Resolution 115, adopted at the 2017 ABA Annual conference, supports a right to counsel in immigration court.

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Nevada Supreme Court case will decide right to counsel in child support cases

08/03/2017

The Nevada Supreme Court will decide whether pro se parents have a right to counsel before being incarcerated for failing to pay child support.

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Washington State creates, expands rule for appointment of counsel for litigants with disabilities

08/02/2017

A court rule permits appointment of counsel for a person with disabilities as a reasonable accommodation. The rule applies to admin cases too.

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New York State to provide counsel for all detained immigrants facing deportation

08/01/2017

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

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