Alabama
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Categorical
Abuse/Neglect/Dependency - Accused Parents
Legislation
Key Development
Right to counsel
A statute requires the court to appoint counsel for indigent respondent parents in dependency cases.
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Litigation
Key Development
Right to counsel
A federal court found a federal due process right to counsel for indigent respondent parents in Alabama dependency proceedings in Roe v. Conn.
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
Children have a right to an attorney ad litem in abuse and termination of parental rights cases.
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Qualified
Adult Protective Proceedings - Protected Person
Legislation
Key Development
March 9, 2023
Right to guardian ad litem
An adult subject of protective services proceeding has the right to a GAL, but it is unclear whether GAL must be an attorney.
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Qualified
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
Right to counsel
A court must appoint a best interests attorney for a minor seeking to bypass parental consent for an abortion.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
A statute requires court to appoint counsel for certain respondents and petitioners in civil commitment proceedings.
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Litigation
Key Development
Right to counsel
A federal court held that people in Alabama being civilly committed have a federal constitutional right to counsel.
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Qualified
Civil Contempt in Family Court
Legislation
Key Development
Right to counsel
A statute requires that the court appoint counsel for an indigent defendant in civil contempt cases based on failure to pay child support.
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Litigation
Key Development
Right to counsel
The Alabama Court of Civil Appeals extended a case finding a right to counsel in criminal contempt cases to civil contempt.
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Discretionary
Custody Disputes - Children
Litigation
Key Development
Discretionary appointment of GAL
Courts seem to have the authority to appoint a GAL attorney for children in custody disputes, but the source of authority is unclear.
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Doesn't Affect
Forfeiture (incomplete)
Report
October 10, 2018
Another report calls for right to counsel in fees/fines cases
A report from Alabama Appleseed urges the state to provide counsel at all postconviction proceedings related to court debt.
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Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to attorney ad litem
A statute requires a court to appoint an attorney ad litem for the subject of a guardianship, conservatorship, or other protective order matter.
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Discretionary
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
Discretionary appointment of counsel
Minors may have the right to an attorney in matters related to conservatorships or other protective orders.
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Qualified
Incarceration for Fees/Fines (incomplete)
Litigation
Key Development
November 17, 2014
Alabama fed court settlement establishes RTC in ability-to-pay cases
A federal district court approved a settlement requiring counsel for indigent debtors at ability-to-pay hearings.
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Key Development
Right to counsel
The Alabama Court of Civil Appeals extended a case finding a right to counsel in criminal contempt cases to civil contempt.
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Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to Counsel
Indigent respondents in involuntary medical treatment matters have the right to an attorney.
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Qualified
Parentage - Defendant/Respondent
Legislation
Key Development
Right to counsel
A statute may provide a right to counsel for indigent fathers in paternity cases.
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Qualified
Parentage - Petitioner or Child
Legislation
Key Development
Right to a guardian ad litem
A child named as a party to a parentage action is entitled to a GAL, but it is not clear whether the GAL must be an attorney.
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Qualified
Quarantine/Isolation
Legislation
Key Development
Right to Counsel
There is a right to counsel for a person subject to commitment to the custody of the Dept. of Public Health, not broader quarantine orders.
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No Such Proceeding
Sexually Dangerous Persons - Commitment
Legislation
No such proceeding
There is no procedure in the state for confinement of a sexually dangerous/violent person.
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No Such Proceeding
Sterilization
Litigation
Sterilization forbidden without statutory authorization
The Alabama Supreme Court has has held courts do not have power to order sterilization absent statutory authority.
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Qualified
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
Right to GAL who is likely an attorney
Certain minor or incompetent parents have the right to a GAL in adoptions, and indigent adoption petitioners may be appointed counsel.
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Qualified
Termination of Parental Rights (Private) - Children
Legislation
Key Development
April 18, 2023
Right to attorney ad litem
Minor and adult adoptees in contested adoption matters have the right to a GAL, but it is unclear whether the GAL must be an attorney.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
A statute requires appointed counsel for indigent respondent parents in termination cases, and permits appointment for indigent petitioners.
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Litigation
Key Development
Right to counsel
The Alabama Court of Civil Appeals held the state constitution's due process clause requires counsel for parents in termination cases.
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Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
Children have a right to an attorney ad litem in abuse and termination of parental rights cases.
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Qualified
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
Children have a right to counsel in truancy proceedings only when they face placement in an institution; otherwise appointment is discretionary.
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