Arizona
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
Indigent defendant parents have a right to counsel in a variety of abuse/neglect proceedings.
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Key Development
April 9, 2024
Bill would have provided RTC to persons in child abuse registry matters
The Arizona Senate bill was enacted, but the right to counsel provisions were removed through amendment.
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Litigation
Key Development
Right to counsel
There is likely a constitutional right to counsel for parents in dependency cases.
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Categorical
Abuse/Neglect/Dependency - Children
Legislation
Key Development
April 23, 2021
Arizona establishes right to counsel for kids in child welfare cases
Juveniles have the right to appointed counsel in abuse/neglect and TPR proceedings regardless of indigency.
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Litigation
Key Development
Discretionary appointment of counsel
The Arizona Supreme Court held that due process sometimes requires courts to appoint independent counsel for minors in dependency proceedings.
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No Such Proceeding
Adult Protective Proceedings - Protected Person
Legislation
Discretionary
All Basic Human Needs
Litigation
Key Development
Discretionary appointment of counsel
Arizona courts have the inherent power to appoint counsel in any civil case.
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Categorical
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
Right to counsel
A court must appoint counsel upon request for minors seeking to bypass the parental consent requirement for an abortion.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
A statute provides a right to counsel for indigent adults and system-involved minors in mental health commitment matters.
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Qualified
Civil Contempt in Family Court
Legislation
Key Development
Discretionary appointment of counsel
A court can appoint counsel for some contempt matters against parents that relate to minors.
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Discretionary
Custody Disputes - Children
Legislation
Key Development
Discretionary appointment of counsel
The court can appoint counsel for a child in dissolution cases in some situations.
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Litigation
Key Development
Discretionary appointment of counsel
The Arizona Supreme Court held that due process sometimes requires courts to appoint independent counsel for minors in custody proceedings.
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Qualified
Employment Discrimination
Legislation
Key Development
Discretionary appointment of counsel
A court may, as it deems just, appoint counsel for an employment discrimination plaintiff.
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Doesn't Affect
Forfeiture (incomplete)
Legislation
January 24, 2017
Legislation (dead): civil forfeiture
A bill would have required the public defender to be appointed in civil forfeiture proceedings.
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Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to Counsel
Persons have the right to counsel in guardianship/conservatorship establishment matters and likely in certain conservatorship termination cases.
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Discretionary
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
Right to counsel
Minors have a RTC in temp. conservatorship cases and may have a RTC in proceedings for the appointment or removal of a guardian or conservator.
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Doesn't Affect
Guardianship/Conservatorship of Children - Parent or Guardian
Legislation
No right to counsel located - Conservatorship
No right to counsel for objecting parents in private child conservatorship matters was located.
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No such proceeding - Guardianship
The court may appoint a guardian if "all parental rights of custody have been terminated or suspended by circumstances or prior court order."
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Discretionary
Housing - Discrimination
Legislation
Key Development
Discretionary appointment of counsel for plaintiff or defendant
A statute permits a court to appoint counsel in a housing discrimination case for either the plaintiff or defendant.
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Doesn't Affect
Housing - Evictions
Legislation
September 25, 2024
Tenant RTC campaign launched in Phoenix
A coalition of advocates and government stakeholders have launched an effort to enact a right to counsel for tenants facing eviction.
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Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to counsel
There is a right to counsel for adults subject to involuntary mental health-related treatment.
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Doesn't Affect
Other subject area
Legislation
December 14, 2017
Legislation: higher education proceedings
This bill would require counsel for an indigent higher education student subject to disciplinary proceeding due to allegation of a crime.
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Right to attorney, guardian ad litem, or both
A principal has the right to an attorney, GAL, or both in matters related to their agent's ability to restrict their contact with others.
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Discretionary appointment of guardian ad litem
The court may appoint a guardian ad litem for a minor seeking emancipation at any time during the proceedings.
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Categorical
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel for individuals and groups subject to an order of isolation or quarantine.
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Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
Right to counsel
The court must appoint counsel for an indigent defendant in a sexually violent person case.
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No Such Proceeding
Sterilization
Legislation
Categorical
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
Right to counsel
Indigent nonconsenting parents have a right to counsel in privately initiated termination proceedings.
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Categorical
Termination of Parental Rights (Private) - Children
Legislation
Key Development
Right to counsel
A statute provides a likely right to counsel for children in adoption proceedings.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Categorical
Termination of Parental Rights (State) - Children
Legislation
Key Development
April 23, 2021
Arizona establishes right to counsel for kids in child welfare cases
Juveniles have the right to appointed counsel in abuse/neglect and TPR proceedings regardless of indigency.
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Categorical
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
There is a right to counsel for children in truancy (treated as incorrigibility) and for children facing institutionalization.
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Discretionary
All Basic Human Needs
Debtor’s Prison / Financial
Education
Qualified
Employment Discrimination
Family Law
Health
Qualified