Ensuring individuals have a right to effective counsel when facing the loss of their basic human needs in the civil legal system.

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New Hampshire

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
What do these terms mean?
Recent Activity
Right to Counsel Status
Doesn't Affect

Abuse/Neglect/Dependency - Accused Parents

Court Rule or Initiative

October 19, 2015
NH Supreme Court rejects attempt to truncate parental right to counsel
The NH Supreme Court rejected a proposed rule change that would have truncated a parent's right to counsel in dependency (abuse/neglect) cases.
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

NCCRC submitted comments in opposition to the rule change and helped organize other commenters.

Legislation

October 1, 2015
NH restores, protects right to counsel for parents in abuse/neglect proceedings
In 2013, the legislature restored the right to counsel for parents in abuse/neglect cases, and the NH Supreme Court has acted to protect it.
Read More
Appointment of Counsel:  Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

NCCRC assisted litigation on this issue, and fought the court rule rollback.

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
July 26, 2024
NH enacts right to counsel for certain children
A court is required to appoint counsel for children placed in certain institutions and may appoint counsel for all others.
Read More
Appointment of Counsel:  Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Qualified

Consumer or Other Debt

Litigation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
September 18, 2018
NH Supreme Court extends right to counsel to certain debt collection cases
The right to counsel extends to cases where the State seeks to collect appointed counsel fees, the NH Supreme Court ruled.
Read More
Appointment of Counsel:  Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Doesn't Affect

Forfeiture (incomplete)

Legislation

March 13, 2025
HB615
Provides a right to counsel to forfeiture defendants who are represented by appointed counsel in related criminal matter
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Categorical

Incarceration for Fees/Fines (incomplete)

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
June 2, 2017
NH Legislature moves to require counsel prior to fees/fines incarceration
The NH Legislature enacted a bill in 2017 that requires appointment of counsel prior to incarceration for failure to pay criminal fees/fines.
Read More
Appointment of Counsel:  Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
The NCCRC gave input and support to the court rule petition that preceded this bill.
Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
April 2, 2025
HB611
Abolishing recoupment procedures regarding appointed counsel for indigent criminal defendants which impacts fees and fines matters
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Qualified

Abuse/Neglect/Dependency - Accused Parents

Qualified

Abuse/Neglect/Dependency - Children

Categorical

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

Categorical

Civil Commitment

Discretionary

Civil Contempt in Family Court

Qualified

Consumer or Other Debt

Categorical

Guardianship/Conservatorship of Adults - Protected Person

Qualified

Health Care Access

Discretionary

Incarceration for Fees/Fines (incomplete)

Categorical

Sexually Dangerous Persons - Commitment

Categorical

Termination of Parental Rights (Private) - Birth Parents

Categorical

Termination of Parental Rights (State) - Birth Parents

Categorical

Truancy - Petition Against Child

© 2003-2024 National Coalition for a Civil Right to Counsel

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.

About Us
Mission & Vision Our Team Our Work Funders & Supporters Contact
About Civil RTC
History CRTC Champions FAQ
News
Resource Library
Status Map Bibliographies Advocacy Tools Key Issue: Tenant RTC
Get Involved
Donate
Status Map