Massachusetts
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 parents have a right to counsel "Whenever the department or a licensed child placement agency is a party to child custody proceedings."
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Litigation
Key Development
February 10, 2015
MA Supreme Court: parents have a right to counsel in abuse/neglect cases
The MA high court has said that the constitutional right to counsel applies to abuse/neglect cases.
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Categorical
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
Dependent children have a right to counsel in a variety of scenarios.
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Qualified
Adult Protective Proceedings - Protected Person
Legislation
Key Development
Right to counsel
Certain indigent elders have the right to counsel in involuntary protective cases as do indigent disabled individuals in non-emergency matters.
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Doesn't Affect
All Basic Human Needs
Report
October 1, 2014
MA Report discusses those turned away for legal aid, and benefits of counsel
The BBA Task Force to Expand Civil Legal Aid's report discusses how many eligible clients are turned away and the economic benefits of counsel.
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Categorical
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
Right to counsel
A minor has a right to counsel upon request in proceedings to dispense with parental consent for an abortion.
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Court Rule or Initiative
Key Development
Discretionary appointment of counsel
A court may appoint counsel pursuant to a court rule for a minor who seeks to bypass the parental consent requirement for an abortion.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for respondents in civil commitment proceedings.
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Doesn't Affect
Civil Contempt in Family Court
Litigation
June 26, 2020
MA high court avoids RTC question for civil contempt, but issues strong ruling/concurrence
The Massachusetts high court avoided answering whether there is a right to counsel for civil contempt cases, but issued a strong opinion.
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Qualified
Custody Disputes - Children
Legislation
Key Development
Right to counsel
A court held that when state involvement is imminent in a custody case, the court must appoint counsel for the child.
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Litigation
Key Development
April 13, 2017
MA Supreme Court: indigent guardians may be appointed counsel
The MA Supreme Court held a trial court may use its equitable powers to appoint counsel for an indigent guardian in a child guardianship case.
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Discretionary
Divorce
Litigation
Key Development
Discretionary appointment
The Supreme Judicial Court of MA has suggested it can appoint counsel in divorce cases as a matter of due process.
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Doesn't Affect
Domestic Violence - Accused Person
Legislation
January 23, 2017
Legislation: minor defendants in DV proceedings
These bills would require appointment of counsel for minor defendants in protection from abuse proceedings.
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Litigation
February 18, 2022
MA high court avoids question of right to counsel in DV cases
The Supreme Judicial Court of Massachusetts declined to answer whether indigent defendants are entitled to counsel in protection order cases.
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Doesn't Affect
Domestic Violence - Alleged Victim
Legislation
January 23, 2017
Legislation: minor plaintiffs in DV proceedings
These bills would require appointment of counsel for minor plaintiffs in protection from abuse proceedings.
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Doesn't Affect
Forfeiture (incomplete)
Legislation
January 23, 2017
Legislation: civil forfeiture
This bill would eliminate civil forfeiture and requires appointment of counsel for indigent persons opposing forfeiture.
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Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
There is a right to appointed counsel in guardianship proceedings, and the State pays if the person is indigent, but it requires a request.
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Litigation
Key Development
Right to counsel
A Massachusetts appellate court held that there is a right to counsel for guardianship removal proceedings.
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Categorical
Guardianship/Conservatorship of Children - Parent or Guardian
Litigation
Key Development
May 4, 2016
MA high court: parents have right to counsel in private child guardianship establishment and modification proceedings
The Supreme Judicial Court of MA held there is a constitutional right to counsel in proceedings to establish or modify a child guardianship.
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Doesn't Affect
Housing - Evictions
Pilot
January 1, 2012
MA completes comprehensive housing pilots
A set of housing right to counsel pilots were completed in Massachusetts in 2012 and 2013.
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Legislation
February 12, 2023
Massachusetts considers tenant right to counsel
Bills have been filed to create a statewide right to counsel in eviction cases, and a statewide coalition has been launched to support them.
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October 12, 2020
MA to provide counsel to tenants statewide
Massachusetts will provide $12.3 million to provide counsel to tenants across the state.
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August 1, 2024
Several tenant RTC bills introduced
The Massachusetts House and Senate considered a variety of tenant right to counsel-related bills during 2023-24.
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Litigation
December 17, 2017
MA trial court issues historic right to counsel decision
A Massachusetts trial court ordered the appointment of an attorney ad litem in a housing eviction case.
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December 20, 2019
MA appellate court: counsel might be needed for evicted children
The MA Court of Appeals remanded a case to determine whether children in an eviction case needed representation separate from their mother.
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Report
June 2, 2020
Report finds racial disparity in evictions, calls for right to counsel
A report finds the majority of MA evictions suspended during COVID-19 are in communities of color, and calls for a right to counsel.
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Doesn't Affect
Incarceration for Fees/Fines (incomplete)
Report
November 17, 2016
MA Senate Committee, Trial Court reports flag right to counsel issues in fees/fines cases
Reports from a MA Senate Committee and MA Trial Court Working Group call for a right to counsel in fees/fines cases.
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Litigation
Right to counsel
There is a right to counsel when an indigent defendant is incarcerated for failure to pay a fine.
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Legislation
April 13, 2018
MA moves to guarantee counsel for all fees/fines incarceration
A bill passed in 2018 guarantees counsel for all those subject to incarceration for failure to pay any money owed.
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Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to counsel - Consent to treatment plan
For minors and incapacitated persons, there is a right to counsel regarding consent to a treatment plan.
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Qualified
Other subject area
Legislation
Key Development
Right to counsel - Child Requiring Assistance proceedings
Parents are entitled to counsel in Child Requiring Assistance CRA) cases in certain circumstances.
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Discretionary
Parentage - Defendant/Respondent
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a paternity respondent.
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Discretionary
Parentage - Petitioner or Child
Legislation
Key Development
Discretionary appointment of counsel
Counsel may be provided for a petitioner in a paternity action.
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Qualified
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel for a person subject to a petition for commitment due to tuberculosis, but not other quarantine or isolation orders.
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Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel in sexually dangerous person commitment proceedings.
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Litigation
Key Development
Right to counsel
There is a constitutional right to counsel for portions of MA proceedings relating to sexually dangerous persons.
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Categorical
Sexually Dangerous Persons - Registration/Notification
Legislation
Key Development
Right to counsel
Sex offenders have a right to counsel in sex offender registry determinations.
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Categorical
Termination of Parental Rights (Private) - Birth Parents
Litigation
Key Development
January 3, 2012
Constitution requires counsel for parents in adoptions, MA high court rules
The Supreme Judicial Court of Massachusetts found a state due process right to counsel for indigent parents in private adoption cases.
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Categorical
Termination of Parental Rights (Private) - Children
Litigation
Key Development
November 16, 2012
Constitution requires counsel for children in adoptions, MA high court rules
The Supreme Judicial Court of Massachusetts found a state due process right to counsel for children in private adoption cases.
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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 "Whenever the department or a licensed child placement agency is a party to child custody proceedings."
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Litigation
Key Development
Right to counsel
There is a state constitutional right to counsel for indigent parents in state-initiated cases to dispense with parental consent to adoption.
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Categorical
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
Children have a right to counsel in termination of parental rights proceedings.
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Categorical
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
Indigent children in Massachusetts have a right to counsel in truancy cases (which are handled as a child in need of supervision matter).
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Debtor’s Prison / Financial
Education
Family Law
Health
Qualified