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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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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Report: Turner's "procedural safeguards" have failed in South Carolina

09/08/2017

A report studying the impact of Turner v. Rogers in the child support context has found that most indigent obligors are still incarcerated

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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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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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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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NCCRC Coordinator appears on WNPR's "Where We Live" program

07/25/2017

NCCRC Coordinator John Pollock was on WNPR's "Where We Live" program to discuss the right to counsel in civil cases.

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UN report raises need for counsel in all detention cases

07/17/2017

A report by the UN Rights Council Working Group on Arbitrary Detention discussed the need for counsel whenever a person faces any kind of detention.

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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.

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New law permits appointment of counsel for child in arbitrated custody dispute

07/11/2017

In a custody arbitration, the arbitrator may appoint counsel for the child at the expense of the parents.

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Baltimore Sun turns focus to rise of civil right to counsel housing legislation

07/01/2017

An article in the Baltimore Sun looked at bills filed at the city level in NYC, Washington D.C., and elsewhere to provide counsel for tenants.

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New Louisiana law requires counsel for fines/fees cases

06/21/2017

A bill passed in 2017 requires the court to appoint counsel when a defendant is held in contempt for failure to comply with a repayment plan.

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Legislation (dead): debt collection proceedings

06/21/2017

This bill would have, among other things, required appointment of counsel for contempt proceedings related to debt collection.

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New NY law requires appointment of counsel for minors seeking to marry

06/20/2017

A bill passed in 2017 requires a court to appoint counsel for a seventeen year old seeking judicial permission to marry.

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Legislation: guardianships of adults with developmental disabilities

06/13/2017

These NY bills would establish a right to counsel for adults with developmental disabilities in guardianship proceedings.

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Nevada Legislature rewrites guardianship law to strengthen right to counsel

06/05/2017

The Nevada Legislature strengthened the right to counsel for protected persons in guardianship cases in several ways.

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NH Legislature moves to require counsel prior to fees/fines incarceration

06/02/2017

The NH Legislature enacted a bill in 2017 that requires appointment of counsel prior to incarceration for failure to pay criminal fees/fines.

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Minnesota passes bill strengthening child's right to counsel in abuse/neglect cases

06/01/2017

A 2017 bill strengthened the right to appointed counsel for Minnesota children 10 and over in abuse/neglect cases.

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Minnesota passes bill strengthening child's right to counsel in termination cases

06/01/2017

A 2017 bill strengthened the right to appointed counsel for Minnesota children 10 and over in termination of parental rights cases.

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New Nevada law guarantees counsel for children in termination proceedings

05/31/2017

A court must appoint counsel for a child in a state-initiated termination proceeding, and may appoint in a private termination.

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Legislation (dead): extended foster care

05/24/2017

These bills would have required appointed counsel for foster children who avail themselves of voluntary extended services.

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Legislation (dead): child in conservatorship proceedings

05/21/2017

This dead bill would have required an attorney ad litem for a child in conservatorships to continue until the conservatorship ends.

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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.

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Right to counsel - challenging quality of sex offender treatment

05/12/2017

A Kansas appellate court found a due process and equal protection right to counsel for Kansas Sexual Predator Treatment Program concerns.

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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.

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Legislation: civil forfeiture

04/12/2017

This bill would provide a right to counsel for certain owners in civil forfeiture proceedings.

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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.

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