2016 Civil Right to Counsel Bills
Over five dozen bills that would establish or expand rights to counsel in civil cases have been filed in state legislatures across the country in 2016.
Enacted bills
| State | Bill # | Sponsor(s) | Description | Status |
| CA | AB 1836 | Asm. Maienschein | Create hearing w/right to appointed counsel to determine whether person already under conservatorship is “gravely disabled” but unwilling to accept treatment. | Approved by Governor on 9/29/16. |
| CA | SJR 28 | Numerous co-sponsors from both parts of California Legislature | Urges federal government to provide counsel to all unrepresented children in immigration cases. | SJR 28 ntroduced on 8/23/16. Adopted by the Senate on 8/25/16. Ref’d to Assembly Judiciary Committee on 8/29/16. Passed Assembly on 8/31/16 and Chaptered by Secretary of State on 9/9/16. |
| CA | SB 843 | Committee on Budget and Fiscal Review | Repeals the provision that sunsets the Shriver Civil Counsel Act pilot projects. | Signed by Governor on 6/27/16. |
| CO | SB 131 | Sen. Tate, Rep. Pabon, Rep. Willett | Provides for appointment of counsel post-adjudication of guardianship or conservatorship of property, if court determines it is necessary. | Signed by Governor on 6/10/16. |
| CT | SB 426 | House of Representatives Judiciary Committee | Establishes a legislative task force to study impact of lack of access to counsel in civil cases and make recommendations. | Signed by Governor on 6/10/16. |
| DE | SB 188 | Numerous co-sponsors from both chambers | Would require appointment of attorney-GAL for all children in dependency cases (current law requires appointment of either attorney or CASA). | Introduced and assigned to Senate Judiciary Committee on 5/18/16. Reported favorably out of committee on 6/8/16. Passed Senate on 6/9/16. Assigned to House Judiciary Committee on 6/10/16. Reported favorably out of Committee on 6/15/16. Passed House with amendments on 6/29/16. Passed Senate on 6/30/16. Signed by Governor on 9/6/16. |
| FL | SB 12 | Senators Garcia, Galvano, Ring | Creates new process for ordering extended involuntary outpatient treatment for substance abuse, and requires counsel to be appointed. | Approved by Governor on 4/15/16. |
| GA | SB 271 | Sens. Burke, Kirk, and Watson | Requires appointment of counsel where Chief Medical Officer of facility determines discharge of person subjected to involuntary treatment would be unsafe. | Signed by Governor on 4/26/16. |
| MS | HB 772 | Reps. Gipson, Sykes, Campbell, and Hines | Permits youth court to appoint counsel for indigent parents in abuse/neglect or termination of parental rights proceedings, and requires appointed attorneys to receive training. States that the Public Defender’s office may provide representation in these cases. | Signed by Governor on 5/13/16. |
| MS | HB 1240 | Rep. Lamar | Permits court to appoint counsel for parents in termination of parental rights cases. | Signed by Governor on 4/18/16. |
| NE | LB 934 | Sen. Coash | Requires all GALs to be attorneys, and says GALs can act as their own counsel or as counsel for protected person unless there are “special reasons” why GAL or protected person should have separate counsel, at which point the GAL has right to appointed counsel without regard to ability to pay. | Approved by Governor on 4/20/16. |
| NE | LB 1106 | Sen. Garrett | Permits court to appoint counsel for someone other than defendant who has claimed interest in property subject to forfeiture due to certain criminal activities. | Approved by Governor on 4/19/16. |
| NH | SB 127 | Mix of House and Senate cosponsors | Requires appointment of counsel where care facility petitions court for appointment of “special Medicaid Representative” to seek reimbursement for facility care costs. | Signed by Governor on 6/16/16. |
| OR | HB 4074 | Unknown | Provides for registration of juvenile sex offenders, and RTC at hearing. | Signed by Governor on 4/4/16. |
| PA (Philly) | Res. 160988 | 6 Council members | Authorizes two committees to hold hearings on issues related to low-income renters, with right to counsel as potential solution. | Passed City Council on 11/4/16. |
| UT | HB 101 | Rep. Cox, Sen. Hillyard | Eliminates requirement for appointed counsel in guardianship proceeding under certain circumstances. | Signed by Governor on 3/30/16. |
| UT | SB 155 | Sen. Weiler, Rep. McCay | Permits court to appoint counsel for parents in termination actions brought by private party under Juvenile Code. | Signed by Governor on 3/22/16. |
| WV | HB 4586 | Del. Cowles | Requires court to appoint counsel for prisoner with property subject to condemnation who does not have an attorney or committee. | Approved by Governor on 3/29/16. |
Dead bills
| State | Bill # | Sponsor(s) | Description | Status |
| federal | HR 5283 (Due Process Act) | bipartison coalition led by Rep. Sensenbrenner | Would extend right to counsel in federal civil forfeiture proceedings beyond existing right when primary residence is at risk to cover all federal forfeiture cases. | Introduced and ref’d to Committees on Judiciary, Financal Services, and Energy/Commerce on 5/19/16. Approved by voice vote in Judiciary Committee on 5/25/16. Placed on Union Calendar on 12/23/16. |
| federal | HR 4646 / S2540 (Fair Day in Court for Kids Act)
S3106 (Secure the Northern Triangle Act) |
Numerous cosponsors | Would require appointment of counsel for children and “particularly vulnerable individuals” in immigration proceedings. | HR 4646 introduced 2/26/16 and sent to House Judiciary Committee, then ref’d to House Judiciary Subcommittee on Immigration and Border Security on 4/1/16.
S2540 introduced and referred to Senate Judiciary Committee on 2/11/16. S3106 introduced and referred to Senate Judiciary Committee on 6/28/16. HR 5851 introduced and assigned to Homeland Security, Budget, Judiciary, and Ways & Means Committees on 7/14/16. Ref’d to Subcommittee on Human Resources on 8/17/16. S3241 introduced and assigned to Judiciary Committee on 7/14/16. |
| federal | S2427 / HR5689 (Disability Integration Act) | Sen. Schumer / Rep. Gibson | Would permit court to appoint counsel where there is discrimination against individual with disabilities in need of long-term services. | S2427 introduced and ref’d to Senate Health, Education, Labor, and Pensions Committee on 12/18/15.
HR 5689 introduced and ref’d to House Judiciary and House Energy and Commerce Committees on 7/8/16. Ref’d to Judiciary’s Subcommittee on the Constitution and Civil Justice on 7/22/16. |
| D.C. | B21-0879 | Numerous Council members | Would expand representation in certain kinds of housing cases. | Introduced and ref’d to Judiciary Committee on 9/20/16. Public hearing on 10/19/16. Died in committee. |
| DE | SB 222 | Numerous co-sponsors from both chambers | Would reqiure appointment of counsel in civil forfeiture proceedings. | Introduced and assigned to Senate Public Safety Committee on 4/12/16. Died in committee. |
| FL | HB 949/SB 1212 | Rep. Cummings / Sen. Flores | House bill would permit court to appoint counsel for any child in dependency proceeding (in addition to existing authoriziations). Senate bill, which had been identical, was amended to add only power to appoint where GAL program determines they can’t provide GAL due to conflict of interest, and for children under either years old receiving psychotropic meds. Bills also provide for quality control of appointed attorneys. | HB 949 Filed 12/14/15, through Civil Justice Subcommittee 2/1/16, read 1st time by House on 2/3/16, in Justice Appropriations Subcommittee as of 2/4/16. Legislature adjourned sine die on 3/11/16.
SB 1212 filed 12/21/15, reported favorably by Judiciary Committee 1/26/15, reported favorably by Appropriations Subcommittee on 2/17/16, sent to Appropriations on 2/19/16. Legislature adjourned sine die on 3/11/16. |
| GA | HB 1073 | Reps. Strickland and Weldon | Provides that a parent can only waive counsel in child welfare cases provided that waiver is knowing, voluntary, and on the record. | Added to House Hopper on 2/22/16. Favorably reported out of House Committee on 2/24/16. Passed House on 2/26/16 and ref’d to Senate on 2/29/16. Received favorable committee report on 3/11/16. Read by Senate second time on 3/14/16. Tabled on 3/22/16. |
| IA | SB 2264 | Senate Judiciary Committee | Requires that GALs for children in dissolution and custody actions be attorneys, and specifies that court can appoint an attorney separate from GAL (at which point same person cannot fill both roles). | Filed in 2/22/16 after study bill (SSB 3103) approved by committee on
2/18/16. Passed Senate on 2/29/16 and sent to House Judiciary Committee on 3/1/16. Passed subcommittee on 3/9/16. Legislature went into recess on 4/27/16. |
| IL | HB 5773 | Reps. Cavaletto and McDermed | Would abolish civil forfeiture and require appointment of counsel for criminal forfeiture proceedings. | Introduced and referred to Rules Committee on 2/11/16. Assigned to Judiciary – Civil Committee on 3/23/16. Re-referred to Rules Committee on 4/8/16. Died in committee. |
| KY | HB 96 | Reps. Burch, Belcher, Crimm, Westrom | Requires counsel to be appointed for parents prior to temporary removal hearing, rather than after. | Prefiled on 11/30/15. Posted to Judiciary Committee on 2/8/16. Received favorable report on 3/16/16. Passed 3rd reading in House on 3/18/16 and sent to Senate Judiciary Committee on 3/23/16. Died in Committee on 4/15/16. |
| MA | HB 1560 | Numerous cosponsors | Would provide a right to counsel for indigent individuals in eviction proceedings. | Ref’d to Joint Committee on the Judiciary. Hearings took place on 5/12/15 and 11/3/15. Bill sent for further study on 3/16/16. |
| MD | HB 43 / SB 70 | Del. Saab / Sen. Reilly | Creates hearing process when adult children seek to compel visitation with parent, and specifies that court may appoint counsel for proposed visitee. | HB 43 pre-filed on 8/16/15, Judiciary Committee hearing on 1/28/16, and unfavorable committee report on 3/7/16. SB 70 pre-filed on 11/13/15. Judiciary Committee hearing on 1/28/16. Unfavorable committee report and withdrawn on 3/11/16. |
| MD | HB 646 | Numerous cosponsors | Establishes new termination of parental rights procedure for rape, and provides right to counsel. | Read 1st time by House Judiciary Committee on 2/4/16. Favorable report with amendments, and passed House on 3/21/16. 1st reading by Senate Judicial Proceedings Committee on 3/22/16. Reported favorable with amendments on 4/11/16. Legislature adjourned sine die on 4/11/16. |
| MD | HB 866 / SB 833 | Del. Rosenberg and Dumas / Sen. Guzzone | Would establish a pilot project to provide and study counsel in DV proceedings. | HB 866 had Judiciary Committee hearing on 3/2/16. Received unfavorable report and withdrawn on 3/17/16. SB 833 had Judicial Proceedings Committee hearing on 3/8/16, and received unfavorable report on 3/14/16. |
| MO | HB 2713 | Rep. Black | Would require appointment of counsel prior to approval of any structured settlement. | Introduced and read first time on 3/10/16. Read second time on 3/14/16. Sent to Civil and Criminal Proceedings Committee on 5/13/16. Died in committee. |
| MS | HB 1314 / SB 2620 | Rep. Wooten / Sen. Horhn | Would require counsel to be appointed prior to jailing for failure to pay fine/fee. | Both bills referred to Judiciary A on 2/8/16 and died in committee on 2/23/16. |
| NE | LB 1008 | Sen. Coash | Requires all GALs to be attorneys, and says GALs can act as their own counsel or as counsel for protected person unless there are “special reasons” why GAL or protected person should have separate counsel, at which point the GAL has right to appointed counsel without regard to ability to pay. | Introduced 1/15/16. Judiciary Committee hearing on 2/3/16. Indefinitely postponed on 4/20/16. |
| NM | HB 120 | Rep. James | Creates hearing process when adult children seek to compel visitation with parent for whom guardian has not been appointed, and specifies that court may appoint counsel for proposed visitee. Any appointed counsel is paid for by the petitioner. | Pre-filed in House on 1/19. House Judiciary Committee voted Do Not Pass. Committee substitute (complete rewrite w/o right to counsel) passed Judiciary Committee and House unanimously on 2/2/16, but died in Senate Judiciary Committee on 2/5/16. |
| NM | HB 266 | Rep. Trujillo | Creating new termination of parental rights process where child conceived due to “criminal sexual penetration”, and specifying that court may appoint counsel for indigent party. | Ref’d to House Rules & Order of Business on 1/21/16. Died in committee. |
| NY | AB 9619 | Numeous assembly sponsors | Requires counsel to be appointed for involuntary substance abuse admissions. | Introduced and referred to Acoholism and Substance Abuse Committee on 3/22/16. Died in committee. |
| NY | S2061/A05457 | 11 sponsors | Would create a right to counsel for eviction and foreclosure cases for those at 125% or below of poverty level. | S2061 ref’d to Local Government Committee on 1/21/15, amended (funding changed to county/state match) and recommitted on 2/12/15, ref’d to Local Government on 1/6/16. Died in committee.
A05457 ref’d to Judiciary Committee on 2/24/15 and again on 1/6/16. Died in committee. |
| NY | S4983 | Sens. Ortt, Addabbo, and Reed | Would require appointment of counsel for contested guardianships involving adults with developmental disabilities. | Introduced and ref’d to Judiciary Committee on 4/27/15. Re-introduced and re-ref’d to Judiciary Committee on 1/6/16. Died in committee. |
| NY | S5727 | Sens. Lanza, Addabbo, Serrano | Specifies that court may assign counsel to person charged with animal cruelty where petition filed by impounding entity to require bond prior to arraignment. | Introduced and ref’d to Agriculture Committee on 1/6/16. Second report on 5/11/16. Amended on third reading on 6/9/16. Committed to Rules Committee on 6/17/16. Died in committee. |
| NY | AB 10685 / SB 8122 | Numerous cosponsors | Requires court to appoint counsel for any 17-year old seeking required court permission to marry. | AB 10685 introduced and ref’d to Judiciary Committee on 6/13/16. Died in committee.
SB 8122 introduced and ref’d to Rules Committee on 6/13/16. Died in committee. |
| OH | HB 537 | Rep. Hayes | Would permit court to appoint counsel for person bringing action regarding discrimination on basis of sexual orientation in housing or employment. | Introduced on 4/28/16. Ref’d to Community and Family Advancement Committee on 5/5/16. Died in committee. |
| PA | HB 1692 | Numerous cosponsors | Creates new involuntary commitment procedure for substance abuse, and specifies that respondent must be notified that they “may be represented by court-appointed counsel at public expense” if indigent. | Ref’d to Human Services committee on 11/12/15. Died in committee. |
| PA | SB 869 | Numerous senators | Would require appointment of counsel for indigent owners facing forfeiture of real property who are charged with a crime; otherwise discretionary appointment for those with standing to contest forfeiture but are not criminally charged. | Introduced and ref’d to Judiciary Committee on 6/4/16. Reported as amended on 9/26/16. Re-referred to Appropriations Committee on 9/27/16 and re-reported as amended. Passed Senate and sent to House on 9/28/16. Ref’d to House Judiciary Committee on 10/3/16. Died in committee. |
| PA | SB 1380 | Numerous senators | Creates new procedure for adult protective services and requires appointment of counsel for proposed protected person. | Introduced and ref’d to Aging and Youth Committee on 10/12/16. Died in committee. |
| VA | HB 203/HB 935 | Dels. Lingamfelter, Peace, and Toscano / Dels. Toscano and Plum | Requires appointment of counsel for minor in voluntary extension of foster care services, and specifies that GAL can play that role. | HB 203 introduced and ref’d to Committee on Health, Welfare and Institutions on 12/28/15. Reported favorably out of committeee on 1/28/16. Ref’d to Committee on Appropriations on 1/28/16. Left in Appropriations on 2/18/16.
HB 935 introduced and ref’d to Committee on Health, Welfare and Institutions on 1/12/16. Left in committee on 2/16/16. |
| VT | HB 696 | Numerous cosponsors | Provides procedure for health care worker exposed to bodily fluids of patient with communicable diseas to petition court to obtain blood sample from patient, and provides right to appointed counsel for “any indigent client not already represented.” | Introduced and ref’d to Committee on Human Services on 1/27/16. Legislature adjourned sine die on 3/12/16. |
| WI | AB 1012 | Numerous cosponsors | Would require court to appoint counsel for parents in abuse/neglect cases where child is removed from home, and would permit court to appoint counsel to any other party in the case. |
