Maryland
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
In Child in Need of Assistance proceedings, indigent parents have a right to counsel.
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Key Development
Due process owed parents is less than in other contexts
The Court of Special Appeals has held that parents are owed fewer due process rights in CINA matters than litigants in other contexts.
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
Children are entitled to appointed counsel who may or may not represent the child's wishes, depending whether they have “considered judgment."
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No Such Proceeding
Adult Protective Proceedings - Protected Person
Legislation
No such proceeding
Protective services may only be provided if the adult consents, unless the department takes action through the Estates and Trust Code.
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Doesn't Affect
All Basic Human Needs
ATJC effort
June 3, 2011
Maryland Access to Justice Commission Releases RTC Implementation Report
The ATJC's report described how new rights to counsel might be implemented in MD, and put a price tag on such an implementation.
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Court Rule or Initiative
Right to counsel - Disabled litigants
Court rules require appointment of an attorney for an individual under disability who is sued and does not have a guardian.
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Report
December 1, 2014
Two MD legislative commissions urge phased-in RTC in DV, and custody pilot
One Maryland legislative task force and one commission urge the state to adopt a phased-in right to counsel in DV cases and a custody pilot.
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Legislation
Discretionary appointment - Children generally
A court has discretion to appoint counsel for a child in any juvenile proceeding.
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Miscellaneous
June 16, 2020
Maryland AG creates access to justice task force, flags right to counsel
Maryland Attorney General Brian Frosh announced the creation of an access to justice task force and that right to counsel would be considered.
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No Such Proceeding
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
No such proceeding
Maryland has no parental input requirement: a minor can get an abortion if the doctor determines the minor is mature and capable of consenting.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a statutory right to counsel in all civil commitment proceedings.
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Litigation
Key Development
December 17, 2021
MD high court: Right to counsel for patients facing forced medication
The Maryland Court of Appeals ruled that involuntarily committed patients objecting to medication have a right to counsel.
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Categorical
Civil Contempt in Family Court
Litigation
Key Development
September 25, 2013
MD high court reaffirms right to counsel in civil contempt cases
The Court of Appeals of Maryland has indirectly reaffirmed that people facing incarceration for civil contempt still have a right to counsel.
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Court Rule or Initiative
Key Development
Right to counsel
There is a right to counsel for indigent defendants in civil contempt proceedings.
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Legislation
Key Development
July 6, 2020
MD court: Threat of incarceration makes right to counsel attach
A Maryland appellate court held that statutory law entitles civil contempt defendants to counsel when they are threatened with incarceration.
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Qualified
Custody Disputes - Children
Legislation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for children in certain custody proceedings.
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Doesn't Affect
Custody Disputes - Parents
Litigation
March 4, 2002
MD high court avoids question of right to counsel in custody cases
The Maryland Court of appeals narrowly avoided addressing whether parents have a right to counsel in custody cases.
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Legislation
Appellate court: No due process right to counsel
The appellate court found no due process right to counsel in custody matters, despite fundamental right to parent. A vigorous dissent disagreed.
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Other
Divorce
Legislation
No due process right to counsel
Maryland's appellate court has found that there is generally no due process right to counsel in divorce matters.
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Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
The court must appoint counsel in various types of guardianship and conservatorship proceedings.
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Discretionary
Guardianship/Conservatorship of Children - Child (incomplete)
Court Rule or Initiative
Key Development
Discretionary appointment
The court may appoint counsel for a minor subject to a guardianship or conservatorship petition.
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Qualified
Guardianship/Conservatorship of Children - Parent or Guardian
Legislation
Key Development
Right to counsel for certain parents
In guardianship cases, the court shall appoint counsel for a parent who is incapable of participating due to a disability or for a minor parent.
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Discretionary
Housing - Discrimination
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for either side in a housing discrimination case.
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Doesn't Affect
Housing - Evictions
Report
May 18, 2020
Report: Baltimore/MD would save $36 million w/tenant right to counsel
A report by a financial analysis company concludes Baltimore and Maryland would save a combined $36 million with a right to counsel for tenants.
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January 13, 2021
Maryland AG Task Force recommends RTC for evictions
The Maryand Attorney General's Access to Justice Task Force released a report recommending a right to counsel for tenants facing eviction.
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Legislation
October 5, 2021
Baltimore becomes 7th city with tenant right to counsel
The City of Baltimore has enacted a bill to provide all low-income tenants facing eviction with counsel .
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January 16, 2024
All about the eviction RTC in Maryland
In May, Maryland became the second state to provide a statewide right to counsel for indigent tenants facing evictoin.
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Qualified
Incarceration for Fees/Fines (incomplete)
Legislation
Key Development
Right to counsel
There is a statutory to counsel for indigent defendants in civil contempt proceedings.
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No Such Proceeding
Involuntary Medical Treatment (incomplete)
Legislation
No such proceeding
There does not appear to be a procedure through which to compel mental health treatment on an outpatient basis.
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Qualified
Other subject area
Legislation
Key Development
Mandatory/discretionary appointment of counsel - emergency period
A court must appoint counsel in certain proceedings during emergency periods, and may in others.
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Key Development
February 5, 2018
Legislation: body attachments
A proposed bill would guarantee counsel when a body attachment to detain a tenant for failing to pay a money judgment to a landlord.
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Key Development
April 21, 2022
Right to counsel
A minor who files a petition to marry is entitled to counsel.
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Court Rule or Initiative
Key Development
Right to counsel - Persons under disability with no one to defend
The court shall appoint an attorney for a person with disabilities, if they do not have a guardian or other fiduciary who can defend the action.
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Key Development
Discretionary appointment
A court rule permits appointment for certain individuals.
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Key Development
Discretionary appointment
The court may appoint counsel for a person whose identity or present whereabouts is unknown and who is entitled to share in the estate.
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Qualified
Parentage - Petitioner or Child
Litigation
Key Development
Right to counsel
The Maryland Court of Appeals suggested a court may appoint counsel for a child in a paternity action in certain circumstances.
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Qualified
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel for people directed to isolate or quarantine by the Secretary of Health in a catastrophic health emergency.
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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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Qualified
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
Right to counsel
In adoption proceedings, there is a right to counsel for certain proceedings and a more limited right to counsel in others.
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Qualified
Termination of Parental Rights (Private) - Children
Legislation
Key Development
Right to counsel
Certain children have a right to counsel in certain types of adoption proceedings; otherwise, appointment is discretionary.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
Indigent parents have a right to counsel in a non-consensual action brought by the state to terminate parental rights.
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Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
Children have a right to counsel in termination of parental rights proceedings brought by the state.
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Categorical
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
Children have a right to counsel in truancy proceedings (which are treated as "child in need of supervision" matters).
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Qualified
All Basic Human Needs
Debtor’s Prison / Financial
Education
Family Law
Health
Housing
Qualified