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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Wisconsin advocates petition WI Supreme Court for right to counsel rules

09/13/2018

WI advocates have filed two petitions asking the WI Supreme Court to establish civil right to counsel rules and pilot projects.

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Texas court: failure to appoint counsel for parent was reversible error

09/10/2018

An appellate court held the failure to advise a parent of the right to counsel in a TPR case, and delayed appointment, required reversal.

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Acting on CT legislative task force suggestions, Legislature enacts DV representation pilot

09/01/2018

A new DV representation pilot follows a recommendation of the legislative Task Force to Improve Access to Counsel in Civil Matters.

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Report details dramatic effect of having counsel in Seattle evictions

09/01/2018

A new report by the Seattle Women's Commission has some powerful stats on how much a lawyer makes a difference in eviction cases.

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Louisiana court: child's right to counsel in adoptions is mandatory

08/23/2018

A Louisiana court held that a child's right to counsel in adoption cases is not subject to waiver and must be strictly enforced.

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Complaints allege CA court violating Americans with Disabilities Act

08/16/2018

Complaints filed with the Sacramento County Superior Court allege violations of the ADA where counsel is not appointed in certain guardianships.

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ABA guidelines call for right to counsel in fees/fines cases

08/07/2018

The American Bar Association has adopted a set of principles on how fees/fines should be collected, and one advocates for a right to counsel.

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Wyo. Supreme Court upholds parents' right to counsel

07/30/2018

The Supreme Court of Wyoming held parents are entitled to appointed counsel in abuse/neglect cases even when not the subject of allegations.

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Florida court: adoption agencies can't challenge parents' right to counsel

07/30/2018

A Florida Court of Appeals held that an adoption agency could not challenge the appointment of counsel for a parent in an adoption case.

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Fed legislation would require immigration counsel for children, vulnerable adults

07/25/2018

A federal bill would require counsel for unaccompanied minors and vulnerable adults in immigration proceedings.

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Concord CA eviction report calls for right to counsel

07/24/2018

A report out of Concord, California finding numerous problems with the housing market recommends a right to counsel as a policy solution.

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California report flags eviction numbers/speed, calls for right to counsel

07/24/2018

A new report from Tenants Together cites sky-high statewide eviction numbers and calls for a right to counsel.

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Right to counsel the focus of July 17 public breakfast event

07/17/2018

On July 17 in NYC, the NCCRC hosted a public breakfast event to educate about the latest happenings in the civil right to counsel movement.

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Discretionary appointment of counsel - standby guardianships

06/28/2018

A court may appoint counsel for a child when petition by a standby guardian to assume custody is filed.

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Right to counsel

06/27/2018

Children in abuse/neglect cases are entitled to a GAL who is an attorney.

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Right to counsel - voluntary extension of foster care

06/22/2018

A 2018 law permits a court to appoint counsel for a child who voluntarily agrees to extend foster care.

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Report makes case for universal representation for immigrants

06/20/2018

A report from New Jersey Policy Perspective shows that immigrants fare better and the state saves money when counsel is provided.

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Right to counsel - student making terroristic threat

06/02/2018

A bill passed in 2018 requires the appointment of counsel for a student subjected to mental health evaluation after making a terroristic threat.

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New Georgia law protects parents' right to counsel

05/08/2018

Waiver of a parent's right to counsel in child welfare cases now has to be knowing, voluntary, and intelligent, thanks to new legislation.

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PA court: fees/fines defendants have right to appointed counsel

04/30/2018

The Pennsylvania Superior Court held defendants have a right to appointed counsel prior to being incarcerated for failure to pay fees/fines.

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MA moves to guarantee counsel for all fees/fines incarceration

04/13/2018

A bill passed in 2018 guarantees counsel for all those subject to incarceration for failure to pay any money owed.

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Right to counsel - reinstatement of parental rights

04/10/2018

The court must appoint counsel for an indigent child in foster care where a petition to reinstate parental rights is filed.

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Wisconsin takes step towards right to counsel for parents

04/04/2018

A new 2018 law creates pilot programs that provide a right to counsel for parents in CHIPS cases in 5 counties.

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Fed court: NJ township violated defendant's right to counsel in fees/fines case

04/02/2018

A federal court held that a NJ township violated defendants' right to counsel in its handling of fees/fines cases.

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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 amended in 2018 and 2021 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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Wisconsin pilot finds DV rep improves outcomes, saves money

03/01/2018

A Wisconsin pilot project found that providing representation to victims of domestic violence improved personal/family safety and saved money.

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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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