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Arkansas

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

Categorical Right To Counsel

There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).

Discretionary Appointment Of Counsel

Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.

Right Or Appointment Is Qualified

The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.

No Such Proceeding

This state has no law creating a judicial proceeding of this type.

No Authorization, But Relevant Materials

While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.

Other

Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Doesn't Affect

Abuse/Neglect/Dependency - Accused Parents

Legislation

April 4, 2017

Arkansas parents entitled to counsel at emergency child welfare hearing

A bill passed in 2017 requires parents to be appointed counsel at an emergency ex parte dependency hearing.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

May 5, 2025

The Restore Roe Act dies

A bill would have repealed the requirement that minors obtain parental consent for abortion, thus negating the right to counsel in bypass cases.

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development

September 14, 2021

Arkansas adds limited right to counsel for parents in adoptions

A court must appoint counsel for a birth parent, but only for certain types of adoption and only with respect to filing or revoking consent.

Appointment of Counsel: Yes

Qualified: Yes

Doesn't Affect

Termination of Parental Rights (State) - Birth Parents

Legislation

January 9, 2017

Legislation (dead): termination of parental rights

This bill would have removed the indigency requirement for a parent to have a right to counsel in termination of parental rights cases.

Appointment of Counsel: Doesn't Affect

Qualified: No

Categorical

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Right to counsel

Indigent parents in dependency proceedings have the right to counsel upon request.

Appointment of Counsel: Yes

Qualified: No

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

A court must appoint an attorney ad litem for children in abuse/neglect proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Adult Protective Proceedings - Protected Person

Litigation

Key Development

Right to counsel

The Arkansas Supreme Court found a state and federal constitutional due process right to counsel for involuntary custody due to mistreatment.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

There is a right to appointed counsel in proceedings under the Adult Maltreatment Custody Act to commit custody of a person to the state.

Appointment of Counsel: Yes

Qualified: No

Discretionary

All Basic Human Needs

Litigation

Key Development

Discretionary appointment of counsel

The high court has said courts have the inherent power to appoint counsel generally in civil cases in certain circumstances.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

Key Development

Right to counsel

A court must appoint counsel upon request to a minor seeking to obtain a waiver of the requirement of parental consent for an abortion.

Appointment of Counsel: Yes

Qualified: No

Categorical

Civil Commitment

Legislation

Key Development

Right to counsel

There is a right to counsel for in mental health- and substance dependency-related civil commitment, at least for adult respondents.

Appointment of Counsel: Yes

Qualified: No

Qualified

Civil Contempt in Family Court

Legislation

Key Development

Right to counsel

There may be a right to representation by the public defender in civil contempt cases.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Custody Disputes - Children

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for a child in certain circumstances during custody disputes.

Appointment of Counsel: Discretionary

Qualified: No

Discretionary

Guardianship/Conservatorship of Adults - Protected Person

Litigation

Key Development

Discretionary appointment of counsel

The Arkansas Supreme Court has approved the appointment of counsel in guardianship cases pursuant to inherent authority.

Appointment of Counsel: Discretionary

Qualified: No

Legislation

Key Development

Right to counsel

There is an arguable right to representation by the public defender in guardianship cases.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Housing - Discrimination

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel to either side in a housing discrimination case, if indigent.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Incarceration for Fees/Fines (incomplete)

Legislation

Key Development

Right to counsel

There may be a right to representation by the public defender in civil contempt cases.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to counsel

There is a right to counsel in mental health- and substance dependency-related involuntary treatment matters, at least for adults.

Appointment of Counsel: Yes

Qualified: No

Qualified

Issues Related to Incarcerated People

Court Rule or Initiative

Key Development

Discretionary appointment of counsel

The court may appoint counsel for indigent petitioners in post-conviction matters if a prima facie showing of entitlement to relief is made.

Appointment of Counsel: Discretionary

Qualified: Yes

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.

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development

September 14, 2021

Arkansas adds limited right to counsel for parents in adoptions

A court must appoint counsel for a birth parent, but only for certain types of adoption and only with respect to filing or revoking consent.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Termination of Parental Rights (State) - Birth Parents

Litigation

Key Development

Discretionary appointment of counsel

Several Arkansas courts have said that due process only requires appointment of counsel on a case-by-case basis in termination cases.

Appointment of Counsel: Discretionary

Qualified: No

Legislation

Key Development

Right to counsel

A statute requires appointment of counsel for indigent parents in termination proceedings.

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint an attorney-GAL for a child in a termination of parental rights proceeding.

Appointment of Counsel: Discretionary

Qualified: Yes

Categorical

Truancy - Petition Against Child

Legislation

Key Development

Right to counsel

There is a right to counsel for children in Arkansas truancy proceedings (which are treated as "family in need of services").

Appointment of Counsel: Yes

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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