Michigan
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Doesn't Affect
Abuse/Neglect/Dependency - Accused Parents
Court Rule or Initiative
January 1, 2011
Michigan Supreme Court clarifies right to counsel for adults
The Michigan Supreme Court clarified that the right to counsel for parents in child protective proceedings includes the preliminary hearing.
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Legislation
Right to counsel
There is a right to counsel for indigent parents in abuse and termination of parental rights proceedings upon request.
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Litigation
No right to counsel
The appellate court has declined to find a categorical constitutional right to counsel for parents in neglect matters.
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
In a proceeding alleging abuse or neglect and in TPR cases, the court must appoint a lawyer-guardian ad litem to represent the child.
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No Such Proceeding
Adult Protective Proceedings - Protected Person
Legislation
No such proceeding
It appears that protective services can only be provided consensually, but the department may pursue action through probate court.
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Discretionary
All Basic Human Needs
Litigation
Key Development
Discretionary appointment of counsel
The Michigan Supreme Court has said that trial courts have inherent power to appoint counsel for indigent litigants in order to render justice.
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Categorical
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Court Rule or Initiative
Key Development
Right to counsel
A minor has a right to counsel in proceedings to waive the parental consent requirement for an abortion.
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Doesn't Affect
Child Support Establishment
Legislation
Discretionary appointment of guardian ad litem for child
The court may appoint a guardian ad litem for a child in a Title IV-D case but it is not clear whether the GAL must be an attorney.
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Qualified
Civil Commitment
Legislation
Key Development
Right to counsel
All respondents have the right to counsel in mental health commitments, as do adults in substance dependency commitments
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Litigation
Key Development
Right to counsel
There is a federal constitutional right to counsel in Michigan civil commitment proceedings, as per a federal court decision.
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Key Development
July 29, 2022
Michigan court: effective assistance of counsel needed for civil commitments
A Michigan Court of Appeals held that respondents in Michigan civil commitment proceedings are entitled to effective assistance of counsel.
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Qualified
Civil Contempt in Family Court
Litigation
Key Development
Right to counsel
The Michigan Supreme Court found a federal constitutional right to counsel in civil contempt proceedings.
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Discretionary
Custody Disputes - Children
Legislation
Key Development
Discretionary appointment of attorney GAL
A court may appoint a lawyer-GAL for a child in any private custody dispute if the child's interests are not adequately represented.
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Key Development
Discretionary appointment of attorney GAL - Surrendered newborn
The court may appoint an attorney GAL for a surrendered newborn in regards to custody petitions filed by the child's parent.
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Qualified
Custody Disputes - Parents
Legislation
Key Development
Discretionary appointment of counsel - Third party custody actions
The court may appoint counsel for a parent in a third party custody dispute.
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Key Development
No right to counsel
The appellate courts have generally found no right to counsel in child custody matters.
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Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
There is a right to appointed counsel for the subject of guardianship proceedings in certain situations.
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Key Development
February 21, 2024
HB4416
Expanding RTC for adult respondents in standby guardianship matters
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Key Development
November 26, 2024
HB4911
Provides right to guardian ad litem for adults subject to petitions for emergency guardianship
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Qualified
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
Discretionary appointment
A minor subject to a conservatorship or other protected order may be entitled to an attorney ad litem.
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No Such Proceeding
Guardianship/Conservatorship of Children - Parent or Guardian
Legislation
No such proceeding / No right to counsel
The court may only appoint a guardian if the parent consents or if the parent's rights have been severed or suspended by prior court order.
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Qualified
Housing - Evictions
Miscellaneous
Key Development
January 1, 2024
All about Detroit's tenant right to counsel
In May 2022, Detroit became the latest city to enact a right to counsel for tenants facing eviction.
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Report
Key Development
May 8, 2020
Michigan report calls for eviction right to counsel
A Michigan report outlines the state's high eviction filing rate as well as the representational imbalance between tenants and landlords.
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Legislation
Key Development
October 26, 2023
HB5237
Requires district court to establish a program to provide legal representation to income eligible tenants in eviction matters and brief services to certain landlords
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Key Development
May 16, 2023
SB0189
Appropriates $5 million to be provided as grants to local communities that have adopted eviction RTC ordinances
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Qualified
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to counsel
All respondents have the right to counsel in mental health treatment cases, as do adults in substance dependency matters.
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Discretionary
Other subject area
Legislation
Key Development
Discretionary appointment of counsel - Minor emancipation
A court may appoint counsel for the minor and/or parents if a petition to emancipate has been filed.
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Categorical
Parentage - Defendant/Respondent
Court Rule or Initiative
Key Development
Right to counsel
There is a right to counsel for indigent respondents in paternity proceedings.
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Litigation
Key Development
Right to counsel
The Michigan Supreme Court recognized a right to counsel in paternity cases under the state constitution where the state files the petition.
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Categorical
Parentage - Petitioner or Child
Legislation
Key Development
Right to counsel
If a paternity petitioner is unable to hire an attorney, the state must supply a prosecuting attorney or county attorney to bring the action.
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Qualified
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel for individuals subject to a petition for court-ordered care, including confinement or isolation, or detention.
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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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Discretionary
Termination of Parental Rights (Private) - Birth Parents
Litigation
Key Development
Discretionary appointment of counsel
The Michigan Supreme Court has said that trial courts have discretion to appoint counsel for indigent parents in stepparent adoption cases.
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Legislation
Key Development
Right to counsel
Certain adoption scenarios lead to a right to counsel for the birth parent.
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Key Development
No right to counsel - Voluntary adoptions
The appellate court has held that there is no constitutionally-based right to counsel in voluntary adoption cases.
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Discretionary
Termination of Parental Rights (Private) - Children
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a child in a petition for adoption after temporary placement.
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Doesn't Affect
Termination of Parental Rights (State) - Birth Parents
Litigation
March 12, 2009
Michigan Supreme Court dodges case on right to counsel in termination cases
The Michigan Supreme Court declined to review a case where the trial court failed to appoint counsel for a parent in a termination case.
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Right to counsel
A plurality of the MI Supreme Court found a state due process right to counsel for indigent parents in termination of parental rights cases.
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Legislation
Right to counsel
There is a right to counsel for indigent parents in abuse and termination of parental rights proceedings upon request.
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Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
In a proceeding alleging abuse or neglect and in TPR cases, the court must appoint a lawyer-guardian ad litem to represent the child.
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Key Development
Discretionary appointment of attorney ad litem
The court may appoint an attorney GAL for a surrendered newborn in regards to the child placing agency's attempt to terminate parental rights.
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Categorical
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
Indigent children in Michigan have a right to counsel in truancy proceedings (which are handled as status offenses).
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Discretionary