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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Legislation: civil forfeiture

01/03/2017

This bill would have required a criminal conviction prior to forfeiture, and would authorize PD's office to represent individual in forfeiture.

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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.

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U.S. gets "D" on access to counsel in housing cases

12/05/2016

The latest Human Rights Report Card from NLCHP gives the United States a "D" on access to counsel in housing cases.

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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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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.

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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.

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U.S. rank on access to civil justice in Rule of Law Index drops to 94th out of 113 countries

10/27/2016

The 2016 World Justice Project's Rule of Law Index ranked the U.S. 94th in the world on access to civil justice.

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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.

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Report: represented immigrants far more likely to be released, win case

09/29/2016

A new report by the American Immigration Council shows that represented immigrants are far more likely to be released and win their cases.

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Nevada Sup. Ct. Commission urges expansion of right to counsel for adult guardianships

09/29/2016

A commission created by the Nevada Supreme Court released a report calling for all potential wards to be provided counsel in guardianships.

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Former AG Eric Holder calls for civil right to counsel

09/29/2016

At the 2016 NLADA Exemplar Award Dinner, Former U.S. Attorney General Eric Holder called for the right to counsel in civil cases.

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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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NIJ study released on effect of counsel for DV victims

09/26/2016

A study on the impact of providing counsel for DV victims was conducted by the University of Iowa and Iowa Legal Aid.

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Delaware grants right to counsel for children in termination cases

09/22/2016

A law passed in 2016 requires the court to appoint an attorney for a child to act as guardian ad litem in termination cases.

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California Legislature calls for fed gov't to ensure counsel for children in immigration cases

09/09/2016

SJR 28, passed by the California Assembly, urges the federal government to guarantee counsel for children in immigration cases.

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Delaware grants right to counsel for children in abuse/neglect cases

09/06/2016

A law passed in 2016 requires the court to appoint an attorney for a child to act as guardian ad litem in abuse/neglect cases.

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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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New Mexico court: failure to advise parent of right to appointed counsel is fundamental error

08/31/2016

A New Mexico appellate court held that a trial court's failure to advise a parent of her statutory right to counsel was fundamental error.

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Report: whether Washington kids get counsel depends on where they live

08/26/2016

A report examines the situation in Washington State as to when children are appointed counsel in child welfare cases.

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"100% Access to Justice" Initiative launched, includes civil right to counsel

08/10/2016

A new "Justice for All Initiative" launched by national court leaders includes civil right to counsel as part of the plan.

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NJ Supreme Court recognizes right to counsel for parents in adoption cases

07/26/2016

The Supreme Court of New Jersey held there is a right to counsel for parents in adoption cases under the NJ Constitution's Due Process Clause.

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All about the federal case involving the right to counsel for immigrant children

06/24/2016

A class action filed in federal court seeks a constitutional right to counsel for all immigrant children in deportation proceedings.

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Colorado expands appointment of counsel to later guardianship proceedings

06/10/2016

A 2016 law authorizes a court to appoint counsel post-imposition of a guardianship/conservatorship if the court determines the ward needs it.

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All about California's right to counsel pilot projects

06/01/2016

In 2009, California enacted the Sargent Shriver Civil Counsel Act, which created right to counsel pilots, and in 2016 made them permanent.

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UN body calls for right to counsel in U.S. immigration cases

05/24/2016

The U.N. Committee to End Racial Discrimination (CERD) has called on the U.S. to guarantee counsel in immigration cases.

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Comprehensive paper explores status, future of civil right to counsel

05/20/2016

A paper requested by the ABA Commission on the Future of Legal Services explores the history and future of the civil right to counsel movement.

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Pennsylvania court: denial of counsel in termination case is reversible

05/20/2016

A Pennsylvania court reversed a termination of parental rights decision where the parent had been denied her right to appointed counsel.

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2016 Justice Index now features civil right to counsel

05/20/2016

The updated Justice Index, which ranks the states on access to justice, now includes some factors relating to civil right to counsel.

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Mississippi finally authorizes appointment of counsel in child welfare cases

05/13/2016

In 2016, the Mississippi Legislature enacted a law authorizing youth court judges to appoint counsel for parents in child welfare cases.

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Legislation: child counsel in termination cases

05/05/2016

This bill specifies that a child's appointed counsel continues past termination of parental rights until permanent placement has been finalized.

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