2017 Civil Right to Counsel Bills
Listed below are all of the 2017 bills that address the right to counsel in civil cases. The NCCRC monitors all such bills and regularly reports on their progress, and we also are involved with some of them.
Enacted bills
| State | Bill # | Sponsor | Description | Status |
| AR | SB 132 | Sen. Hutchinson | Specifies that court must appoint counsel for parents immediately following the ex parte emergency dependency proceeding. | Signed by Governor on 4/4/17. |
| CT | SB 1502 | Numerous senators and representatives | Establishes a pilot project for representation in domestic violence cases. |
Signed by Governor on 10/31/17.
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| D.C. | B22-0024 (coverage at Washington Post and WAMU) | Councilmember McDuffie and others | Expands representation in certain kinds of housing cases. Read more. | Incorporated into the enacted FYI 2018 Budget Support Act of 2017. $4.5 million appropriated to fund bill. |
| HI | HB 1235 | Rep. Nishimonto | Permits arbiter in family law disputes to appoint counsel for the child at the expense of the parties. | Signed by Governor on 7/11/17. |
| IA | HB 133 | 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). | Signed by Governor on 4/12/17. |
| KS | HB 2128 | House of Delegates Judiciary Committee | Requires counsel to appoint counsel for indigent person in sex offender committment review hearings. | Approved by Governor on 6/5/17. |
| LA | HB 249 | Numerous cosponsors | Provides defendant with right to counsel at hearing regarding failure to comply with a criminal fine payment plan. | Signed by Governor on 6/15/17. |
| MN | HB 1702 | Reps. Kresha, Thissen, Omar, Lohmer, Ward, and O’Neill | Clarifies that children 10 and over have a right to counsel in child welfare cases and requires notification of such right, plus strengthens waiver provisions. | Signed by Governor on 5/17/17. |
| MT | HB 59 | Rep. Dukik at request of Task Force on State Public Defender Operations | Requires putative father to be successfully served and to request counsel before counsel is appointed in child welfare proceedings. | Signed by Governor on 3/1/17. |
| MT | HB 201 | Rep. Cook | Specifies that where court-appointed special advocate not available to serve as guardian ad litem, court can appoint attorney to be GAL. | Signed by Governor on 3/29/17. |
| NH | SB 200 | Numerous senators and reps | Requires appointment of counsel prior to incarcerating a person for failure to pay fines/fees or perform community service. | Signed by Governor on 6/2/17. |
| NV | SB 305 | Numerous cosponsors | Requires counsel to be appointed for children in dependency and termination of parental rights cases, rather than being discretionary. | Signed by Governor on 5/31/17. |
| NV | AB 319 | Rep. Sprinkle and Sen. Harris | Creates separate process for guardianship of minors, and specifies that court may appoint an attorney for the minor. | Signed by Governor on 5/26/17. |
| NV | SB 433 | Sen. Harris | Requires court to appoint counsel for adult ward in guardianship proceeding without request. | Approved by Governor on 6/5/17. |
| NY | SB 4407 | Sen. Lanza | Increases age of consent to marry to 17, and requires court to appoint counsel if applicant for marriage is 17 years old. | Signed by Governor on 6/20/17. |
| NYC | Intro 214-B | Councilmembers Levine/Gibson + veto-proof majority | Create a right to counsel in eviction cases for those at 200% or below of poverty level. | Passed the City Council on 7/20/17. |
| SC | SB 415 | Sens. Malloy and Campsen | Requires appointment of both counsel and GAL for adult guardianship proceedings (current law only requires appointment of counsel that serves GAL role). | Signed by Governor on 5/9/17. |
| UT | SB 71 | Sen. Thatcher and Rep. Roberts | Requires counsel to be appointed for collection and enforcement of criminal debt (which is treated as contempt matter) if the court is considering incarceration. | Signed by Governor on 3/23/17. |
Dead bills
| State | Bill # | Sponsor(s) | Description | Status |
| AL | SB 390 | Sen. Reed | Creates process for involuntary treatment of person for substance abuse, and requires appointment of counsel for indigent persons or those who “do not have the mental ability to secure the services of an attorney.” | Died in Judiciary committee. |
| AR | SB 18 | Sen. Clark | Would remove the indigency requirement for a parent to have a right to counsel in termination of parental rights cases. | Died in Judiciary committee. |
| AR | SB 736 | Sen. Clark | Would remove the indigency requirement for a parent to have a right to counsel in abuse/neglect cases, and extend right to appointed counsel to putative parents. | Died in Judiciary committee after being amended and re-referred. |
| AZ | HB 2098 | Rep. Thorpe | Requires the public defender to be appointed in civil forfeiture proceedings. | Introduced and referred to JPS, FPRPP, and Rules Committees on 1/17/17. FPRPP Committee approved on 1/24/17, but died in JPS/Rules Committees. |
| IN | SB 8 | Sens. Boots, Young, Kruse, and Randolph | Would require a criminal conviction prior to forfeiture, and where defendant is represented by Public Defender in criminal proceeding, would authorize PD’s office to represent the individual in the forfeiture proceeding. | Committee on Corrections and Criminal Law recommended passage of substitute, which passed Senate, but died in House Committee on Courts and Criminal Code. |
| IN | SB 113 | Sen. Kruse | Would abolish civil forfeiture and provide a right to counsel for criminal forfeiture proceedings. | Died in Committee on Corrections and Criminal Law. |
| MD | HB 428 | Numerous delegates | Establishes procedure for termination of parental rights where child is product of nonconsensual sexual conduct, and requires appointment of counsel for termination hearing. | Reported favorably with amendments by Judiciary Committee, and passed House. Passed Senate with amendment, but House declined to accept amendments and Senate refused to recede, so conference committee appointed and then sine die. |
| MD | HB 1165 | Numerous delegates | Establishes procedures to set up visitation by family of person subject to guardianship, and permits court to appoint counsel for ward in visitee proceeding. | Health and Government Operations Committee recommended passage with amendments, and passed House, but died in Senate Judicial Proceedings Committee after a hearing. |
| ME | HB 363 | Various cosponsors | Would require appointment of counsel for child in child protective proceedings who is living with relative. | Died in Judiciary Committee. |
| MO | HB 768 | Rep. Lant | Would require court to appoint counsel for child in dependency proceedings without a request in certain situations. | Passed the Judiciary and Rules – Legislative Oversight committees, but didn’t make it any further. |
| MS | HB 672 / HB 1033 / SB 2527 | Rep. Wooten / Reps. Gipson and Bomgar/ Sen. Horhn | Would require counsel to be appointed prior to incarceration for failure to pay fees/fines. | HB 672 died in Judiciary A Committee.
HB 1033 referred to Judiciary B Committee, which removed right to counsel language. Substitute eventually passed House and senate but was vetoed by Governor. SB 2527 died in Judiciary A Committee. |
| NE | LB 526 | Sen. Morfeld | Would have, among other things, required appointment of counsel for contempt proceedings related to debt collection. | Died in the Judiciary Committee after a hearing (it was indefinitely postponed on 5/23/17). Portions of the bill (but not the right to counsel) went into LB 259, which did pass. |
| NJ | AB 4015 | Reps. Dancer and Huttle | Would require appointment of counsel for minors subjected to civil commitment (current law only requires counsel if appointed GAL is not an attorney). | Died in Assembly Human Services Committee. |
| NJ | AB 4628 / SB 3229 | Rep. Jones / Sen. Weinberg | Would provide a right to counsel for parents in private adoption cases, codifying a NJ Supreme Court ruling. | AB 4628 reported by Women and Children Committee, then died in Assembly Appropriations Committee.
SB 3229 died in Senate Health, Human Services and Senior Citizens Committee. |
| NJ | SB 89 | Sen. Whelan | Specifies that child’s appointed counsel continues past termination of parental rights until permanent placement has been finalized. | Died in Senate Judiciary Committee and Senate Budget and Appropriations Committee. |
| NJ | AB 1099 / AB 3981 / SB 2455 | Numerous assembly sponsors / Sens. Codey and Addiego | Requires counsel to be appointed for new process for involuntary substance abuse admissions. | AB 1099 and AB 3981 died in Assemby Human Services Committee.
SB 2455 died in Health, Human Services and Senior Citizens Committee. |
| NJ | AB 5164 | Rep. Huttle | Would create new process for involuntary medical treatment and require appointment of counsel for indigent persons in such a process. | Died in Assembly Judiciary Committee. |
| NV | SB 382 | Numerous cosponsors | Changes parental notification law for minor to have abortion so that initial request to waive parental notification is made to child welfare services agency instead of court, and if denied, minor has right to counsel in judicial review. | Died in Committee on Health and Human Services. |
| NV | SB 483 | Senate Health and Human Services Committee | Authorizes court to appoint counsel for parents in paternity proceedings connected to abuse/neglect proceeding. | Health and Human Services Committee recommended passage with amendment, and passed Senate. Assembly Health and Human Services Committee recommended passage, but placed on Chief Clerk’s desk. |
| OR | HB 2021 | Rep. Barker, Sen. Courtney | Establishes procedure to detain person as sexually violent offender after completion of prison sentence, and requires counsel for proceedings. | Died in Judiciary Committee. |
| OR | SB 501 | Senate Committee on Judiciary | Requires court to appoint counsel for adult protective proceedings (including guardianships) upon request, provided that court holds hearing (which is required if objection is lodged to proceeding). | Referred to Judiciary and Ways and Means Committee on 1/17/17. Had public hearing in Judiciary, but died in committees. |
| OR | SB 502 | Senate Committee on Judiciary | Requires court to hold hearing for any petition for appointment of fiduciary or guardian filed by a county public guardian, and requires counsel to be appointed for such hearings. | Received favorable report from Judiciary Committee, but died in Ways and Means Committee. |
| RI | HB 5503 | Reps. Jacquard, Vella-Wilkinson, Morin, Null, and Nunes | Would replace current sex offender registration and notification requirements (which include right to appointed counsel to challenge registration/notification) with federal SORNA (which does not). | House Finance Committee recommended holding for further study. |
| RI | HB 5807 / SB 669 | Reps. Ruggiero, McNamara, Blazejewski, Vassell, and Jacquard / Sens. DiPalma, Miller, McCaffrey, Conley, and Satchell | Would provide for voluntary extension of services for children in foster care from ages 18-21, and require appointed counsel for child in proceedings to set up such care. | House Finance Committee recommended holding HB 5807.
Senate Judiciary Committee recommended passage of SB 669, and it passed Senate, but died in House Finance Committee. |
| RI | HB 6257 | Reps. Keable, Fellela, Amore, Craven, and O’Grady | Creates process for involuntary commitment for substance abuse, and requires appointment of counsel prior to confinement. | Judiciary Committee recommended holding for further study. |
| TX | HB 205 | Rep. Keough | Requires counsel to be appointed when suit brought against parent for required participation in court-ordered services. | Substitute bill favorably reported by Human Services Committee, but didn’t make it any further. |
| TX | HB 596 | Rep. Johnson | Requires counsel or GAL appointed for child in conservatorships to continue as long as child remains in conservatorship. | Juvenile Justice and Family Issues Committee had public hearing and considered substitute, but left it pending in committee. |
| TX | HB 3109 | Rep. Giddings | Requires attorney ad litem appointed for child in conservatorships to continue appointment as long as child remains in conservatorship, subject to certain exceptions. | Human Services Committee reported favorably as substituted after public hearing, but didn’t make it any further. Competing bill (HB 7) passed by legislature was amended to keep discretionary language the same. |
| TX | HB 3542 | Rep. Cain | Requires AG to appoint attorney ad litem for unborn child where there is issue of withholding of life-sustaining medical treatment from pregnant patient. | Died in State Affairs Committee. |
| TX | SB 1912 | Sen. Zaffirini | Would permit court, “with the permission of the commissioners court of the county in which the court is located”, to establish mental health public defender office. Also would require court to appoint attorney from mental health PD office, regular PD office, or a private attorney in all proceedings for court-ordered mental health services. |
