Advocacy Tools
On this page, we’ve collected resources to help advance the right to counsel in critical civil cases. We’ve organized the tools, guides, and other materials by those applicable to civil RTC generally and by subject area.
Generally
From the NCCRC archives. In 2009, the NCCRC authored “Information for Civil Justice Systems about Civil RTC Initiatives,” a memo addressing questions about civil RTC advocacy that remain relevant to this day, including funding, implementation, and the continued autonomy of existing legal services providers.
Civil RTC Status Map
The NCCRC’s interactive civil RTC status map tracks the law across all 50 states and Washington, D.C. In addition to seeing current developments on the map, when you click “right to counsel status,” you can download a 50-state summary for a specific subject area.
A Tool for Justice: The Cost Benefit Analysis of Legal Aid (2019)
This report from the International Bar Association and the World Bank Group examines legal aid cost-benefit studies and includes a step-by-step guide on conducting a cost-benefit analysis of different policy alternatives.
Directory of Law Governing Appointment of Counsel in State Civil Proceedings (last updated 2017-2018)
The American Bar Association and the NCCRC created this state-by-state analysis of when trial court judges can and cannot appoint counsel based on statutes, case decisions, and court rules. This resource is no longer updated and is current as of 2017-2018.
Developing Civil Right to Counsel Pilot Projects: A Resource for Designing and Implementing Effective Programs (2012)
Washington Appleseed developed a guide about starting a right to counsel pilot project. The NCCRC contributed to the guide extensively.
Human Rights in the U.S.: A Handbook for Legal Aid Attorneys (2013)
This handbook from the Center for Human Rights and Humanitarian Law at American University, Washington College of Law, discusses integrating internal human rights law principles and norms into U.S. domestic legal advocacy. The NCCRC contributed to Section 5.13 on RTC, and in a related webinar, panelists discussed using the RTC section.
ABA Resolutions and Recommendations
The American Bar Association (ABA) has issued numerous resolutions and recommendations supporting CRTC. These documents also provide extensive historical information about CRTC in the U.S. You can find related information in our comprehensive bibliography.
ABA Resolution 112A (2006)
In 2006, the ABA’s House of Delegates adopted this resolution which urges “federal, state, and territorial governments to provide legal counsel as a matter of right at public expense to low-income persons in those categories of adversarial proceedings where basic human needs are at stake, such as those involving shelter, sustenance, safety, health or child custody, as determined by
each jurisdiction.”
ABA Model Access Act (2010)
The Model Access Act was written to help advocates and policymakers take steps toward establishing a statutory right to counsel in basic human needs cases in their states.
ABA Basic Principles for a Right to Counsel in Civil Legal Proceedings (2010)
The “Principles” were created to help states implement Resolution 112A and to help “campaigns to establish and implement a right to counsel for poor persons on the civil side.” They set out the basic requirements for effective representation in certain civil cases for people who cannot afford an attorney.
ABA Resolution 114 (2018)
In 2018, the ABA’s House of Delegates adopted this resolution, urging the creation of a right to counsel whenever physical liberty is at stake, whether civil or criminal, and whether the matter is state-initiated or not.
Toolkits and Other Resources
ABA, SCLAID | Civil Right to Counsel
The Standing Committee on Legal Aid and Indigent Defense (SCLAID)’s page on the civil right to counsel.
ABA, SCLAID | Legal Aid Needs Assessments and Impact Studies
SCLAID’s webpage tracking state legal aid impact reports and national examinations of legal needs and access to justice.
ABA, Access to Justice Commission | News Archives
News Archives related to civil RTC between 2016-2017. Select “Right to Counsel” from the “Category” menu.
LegalAidResearch.org
The National Legal Aid and Defender Association (NLADA) hosts this online bank of 400+ research and report summaries exploring how and why legal aid works.
Legal Aid for All: Policy Kit
Democracy Policy Network developed this policy kit to help increase access to justice through civil right to counsel expansion, among other avenues. The kit houses a variety of civil right to counsel resources.
Justice in Government Project Toolkit
A toolkit with video modules and written resources aimed at improving government programs, increasing access to justice, and achieving policy outcomes and priorities.
Legal Aid Interagency Roundtable (LAIR) Toolkit
The U.S. Department of Justice, Access to Justice Initiative launched LAIR in 2012 and produced this resource to document the ways in which legal aid can improve Federal strategies to serve vulnerable populations.
Subject-Specific
Tenants / Eviction
NCCRC’s Tenant RTC Resource Page
The movement to establish a right to counsel for tenants facing eviction has grown significantly in the last decade. Much of the NCCRC’s work is currently dedicated to public education, advocate training, technical assistance, and legislative advocacy on this issue. Our Tenant RTC Resource Page has all publicly available resources and tools related to tenant RTC advocacy.
Child Welfare
Counsel for Kids
The National Association of Counsel for Children runs the Counsel for Kids (C4K) campaign, which is dedicated to ensuring that children in the nation’s foster care systems have access to attorneys of their own to ensure their voices are heard and respected. C4K maintains a map of existing right to counsel laws and a toolkit for advocates.
ABA Children’s Rights Litigation Committee
This ABA Committee page maintains various resources and training related to improving the quality of child legal representation.
Parent RTC National Survey (2016)
The NCCRC and Vivek Sankaran of the University of Michigan Law School’s Child Advocacy Law Clinic developed this 50-state analysis of a parent’s right to counsel in dependency and termination of parental rights cases.
State-specific Resources
Fees and Fines
Analysis of RTC in Civil Fines and Fees Cases
NCCRC memo applying existing law to the question of RTC in fines and fees enforcement proceedings (civil in nature) and discusses important policy considerations surrounding RTC in these cases.
Fines and Fees Justice Center
The FFJC works specifically to end fines and fees in the justice system. They run statewide and national campaigns and maintain a “Clearinghouse” of information related to ending fees/fines, including right to counsel information.
ABA’s Ten Guidelines on Court Fines and Fees (2018)
Guideline 8 calls for RTC for anyone unable to afford it and involved in a proceeding that could cause or lead to incarceration.
Adult Guardianship
Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
This uniform law, among other critical protections, includes “enhanced procedural rights,” and specifies language alternatives about appointing counsel for a person subject to guardianship, conservatorship, or other protective arrangements for states enacting the UGCOPAA (see Sec. 305). The Uniform Law Commission maintains resources related to the UGCOPAA, including a map tracking the introduction and enactment of such laws around the country and a UGCOPAA enactment kit.
Civil Forfeiture
Criminal Forfeiture Process Act
This model act replaces the civil asset forfeiture process with a criminal forfeiture process. At Sec. 100.15, the model act includes language about the appointment of counsel, where a defendant has been appointed counsel in the underlying criminal matter. The Institute for Justice (IJ) maintains additional resources related to replacing civil asset forfeiture process with criminal forfeiture that would track a defendant’s criminal matter. Get familiar with the significant issues related to civil asset forfeiture in the IJ’s Policing for Profit Report.
Immigration
Universal Immigration Representation Toolkit
The Vera Institute of Justice has created this toolkit for advocates, organizers, legal aid providers, and policymakers to help advance universal legal representation in immigration proceedings.
SAFE Network
The Vera Institute maintains the Safety and Fairness for Everyone (SAFE) Network, which works to implement publicly funded universal representation programs at the local and state levels.
AIC’s Right to Counsel Resources
The American Immigration Council (AIC) maintains resources related to the right to counsel and universal representation on its right to counsel page.
