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New York

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

January 1, 2016

NY extends right to counsel to non-respondent parents

A 2015 bill extended the right to counsel in abuse/neglect proceedings to non-respondent parents who appear in court.

Appointment of Counsel: Doesn't Affect

Qualified: No

Report

May 7, 2019

Report: multidisciplinary rep for parents reduces foster care use

A comprehensive, multi-year study found that providing multidisciplinary representation for parents in child welfare cases improved outcomes.

Appointment of Counsel: Doesn't Affect

Qualified: No

Litigation

November 25, 2024

NY high court denies counsel in child abuse/neglect registry case

The Court found no constitutional right to counsel for a parent challenging their placement on the child abuse registry.

Appointment of Counsel: Other

Qualified: No

The NCCRC assisted with amicus briefing and oral argument preparation in the case.

Doesn't Affect

All Basic Human Needs

Court Rule or Initiative

January 1, 2013

NY civil legal aid hearings invoke right to counsel

At hearings convened by NY Chief Judge Jonathan Lippman, advocates testified about the justice gap and civil right to counsel.

Appointment of Counsel: Doesn't Affect

Qualified: No

Legislation

June 18, 2015

NY Legislature first to declare support for civil right to counsel principles

The NY Senate and House passed a concurrent resolution supporting the concept of universal representation in basic human needs civil cases.

Appointment of Counsel: Doesn't Affect

Qualified: No

Miscellaneous

September 28, 2016

Former NY Chief Judge calls for constitutional convention on civil right to counsel

Former NY Chief Judge Jonathan Lippman has called for New York to hold a constitutional convention on the right to counsel in civil cases.

Appointment of Counsel: Doesn't Affect

Qualified: No

Litigation

March 23, 2018

NY appellate ct: trial court erred in imputing income for appointed counsel decision

An appellate court in New York held that trial courts cannot impute income in determining whether a person is entitled to appointed counsel.

Appointment of Counsel: Doesn't Affect

Qualified: No

Categorical

Domestic Violence - Accused Person

Legislation

Key Development

September 15, 2023

Right to counsel

There is a RTC for either party in a DV proceeding under Article 8, including for appeal, and for certain minor respondents in juvenile court.

Appointment of Counsel: Yes

Qualified: No

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Litigation

Key Development

October 3, 2016

NY court: wards have constitutional right to counsel in Art. 17-A guardianship proceedings

A NY Surrogate's Court held that proposed wards have a constitutional right to counsel in Article 17-A guardianship cases.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

June 13, 2017

Legislation: guardianships of adults with developmental disabilities

These NY bills would establish a right to counsel for adults with developmental disabilities in guardianship proceedings.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Housing - Discrimination

Court Rule or Initiative

June 3, 2013

NY Chief Judge calls for counsel in all foreclosure cases

NY Chief Judge Jonathan Lippman has said he wants there to be an attorney in every foreclosure case in the state.

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

Housing - Evictions

Legislation

Key Development

March 7, 2024

All about the right to counsel for evictions in NYC

NYC is the first jurisdiction in the country to establish a right to counsel for low-income tenants in eviction cases, and is looking to expand.

Appointment of Counsel: Yes

Qualified: Yes

NCCRC helped assemble the NYC coalition, spoke at the Dec 5 event, and worked on the SRR report.

Key Development

March 10, 2022

New York bill would provide statewide right to counsel for tenants

Building off of NYCs success, a new bill would guarantee counsel for low-income tenants across New York State in a variety of situations.

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC gave input on the bill language.

Key Development

November 5, 2021

Ithaca joins cities with universal tenant representation

Ithaca has passed a resolution supporting the right to counsel for tenants and provided an annual appropriation.

Appointment of Counsel: Doesn't Affect

Qualified: No

Key Development

May 19, 2023

Westchester County NY is first county with tenant right to counsel

In May 2023, Westchester County NY became the first county, and 19th jurisdiction, to provide a right to counsel for tenants.

Appointment of Counsel: Yes

Qualified: Yes

We provided support to the advocates pursuing this policy and submitted supportive testimony.

Key Development

January 3, 2024

Multiple eviction RTC bills introduced

The NY legislature introduced several bills related to the tenant right to counsel in eviction matters during the 2023-24 session.

Appointment of Counsel: Doesn't Affect

Qualified: No

Miscellaneous

Key Development

September 4, 2020

Rochester NY to provide counsel for all tenants

Rochester NY will be providing counsel to all tenants facing eviction.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Housing - General

Litigation

Key Development

March 20, 2024

Lawsuit challenging failure to appoint lawyers for foreclosed NY homeowners settles

A lawsuit by the NYCLU challenging the failure of NY courts to determine whether foreclosed homeowners should be appointed counsel has settled.

Appointment of Counsel: Discretionary

Qualified: No

Doesn't Affect

Immigration

Legislation

February 25, 2014

New York City holds hearings on providing counsel to immigrants

The New York City Council's Committee on Immigration held public hearings on different models for providing counsel in immigration cases.

Appointment of Counsel: Doesn't Affect

Qualified: No

February 24, 2024

NY bill would guarantee counsel in all immigration removal cases

A statewide bill in NY would provide a right to counsel for both detained and non-detained immigrants in removal proceedings.

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC is supporting the efforts of the NY statewide coalition.

Miscellaneous

August 16, 2019

NYC first jurisdiction with universal representation for immigrants

New York is providing universal access to counsel for detained immigrants.

Appointment of Counsel: Doesn't Affect

Qualified: No

Report

May 29, 2014

Report finds right to counsel in immigration would pay for itself

A report commissioned by the NYC Bar finds that an immigration right to counsel would pay for itself.

Appointment of Counsel: Doesn't Affect

Qualified: No

Bar Effort

June 17, 2019

NY State Bar calls for right to counsel in immigration cases

The NY State Bar endorsed a resolution calling for a statewide right to counsel in immigration removal proceedings.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Issues Related to Incarcerated People

Legislation

June 6, 2024

Bills aimed to protect incarcerated birth parents and their children

Three bills sought to provide due process protections to incarcerated birth parents and their children in the event of a child removal.

Appointment of Counsel: Doesn't Affect

Qualified: No

Categorical

Other subject area

Legislation

Key Development

June 20, 2017

New NY law requires appointment of counsel for minors seeking to marry

A bill passed in 2017 requires a court to appoint counsel for a seventeen year old seeking judicial permission to marry.

Appointment of Counsel: Yes

Qualified: No

Key Development

June 28, 2018

Discretionary appointment of counsel - standby guardianships

A court may appoint counsel for a child when petition by a standby guardian to assume custody is filed.

Appointment of Counsel: Discretionary

Qualified: No

Litigation

Key Development

April 20, 2023

Right to counsel - Extreme risk protection orders

Extreme risk protection order respondents may have the right to counsel under certain circumstances.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

All Basic Human Needs

Legislation

Key Development

Discretionary appointment of counsel - Military service member

The court may appoint counsel for a member of the military who does not appear in any civil matter.

Appointment of Counsel: Discretionary

Qualified: Yes

Key Development

Discretionary appointment of counsel

A court may appoint counsel for any party in any civil matter.

Appointment of Counsel: Discretionary

Qualified: No

Debtor’s Prison / Financial

Qualified

Benefits - Claimant

Legislation

Key Development

Right to counsel

A person who successfully pursues an unemployment insurance claim has the right to appointed counsel on appeal.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Civil Contempt in Family Court

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent respondents facing contempt and incarceration in family court.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

Various New York courts have found a constitutional right to counsel in certain types of civil contempt proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Incarceration for Fees/Fines (incomplete)

Litigation

Key Development

Right to counsel

Various New York courts have found a constitutional right to counsel in civil contempt proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Domestic Violence

Categorical

Domestic Violence - Accused Person

Legislation

Key Development

September 15, 2023

Right to counsel

There is a RTC for either party in a DV proceeding under Article 8, including for appeal, and for certain minor respondents in juvenile court.

Appointment of Counsel: Yes

Qualified: No

Categorical

Domestic Violence - Alleged Victim

Legislation

Key Development

Right to counsel

There is a right to counsel for either party in a domestic violence proceeding under Article 8, including for the appeal.

Appointment of Counsel: Yes

Qualified: No

Education

Categorical

Truancy - Petition Against Child

Legislation

Key Development

Right to counsel

Children in New York have a right to counsel in truancy cases (which are treated as "person in need of supervision matters).

Appointment of Counsel: Yes

Qualified: No

Family Law

Qualified

Abuse/Neglect/Dependency - Accused Parents

Litigation

Key Development

Right to counsel

The New York Court of Appeals held that indigent parents have a due process and equal protection right to counsel in abuse and TPR cases.

Appointment of Counsel: Yes

Qualified: Yes

Key Development

November 25, 2024

NY high court denies counsel in child abuse/neglect registry case

The Court found no constitutional right to counsel for a parent challenging their placement on the child abuse registry.

Appointment of Counsel: Other

Qualified: No

The NCCRC assisted with amicus briefing and oral argument preparation in the case.

Legislation

Key Development

Right to counsel

There is a right to counsel for parents in abuse and termination of parental rights proceedings.

Appointment of Counsel: Yes

Qualified: No

Categorical

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

Minors have a right to counsel in abuse and termination cases.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

An intermediate court held that children are constitutionally entitled to counsel in abuse/neglect cases.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Custody Disputes - Children

Legislation

Key Development

Discretionary appointment of counsel

Children may be appointed counsel in private custody proceedings.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Custody Disputes - Parents

Legislation

Key Development

Right to counsel

There is a right to counsel for all parents in private custody disputes.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel - custodial guardianship of child

A lower court found a constitutional right to counsel in the proceeding to establish custodial guardianship of a child.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Parentage - Defendant/Respondent

Legislation

Key Development

Right to counsel

An indigent respondent has a right to counsel in paternity proceedings.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

A few New York courts have found a due process right to counsel for respondents in paternity proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent parents in contested adoption proceedings.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

The New York Court of Appeals held that indigent parents have a due process and equal protection right to counsel in abuse and TPR cases.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Termination of Parental Rights (Private) - Children

Legislation

Key Development

Right to counsel

Children are entitled to counsel in adoption proceedings involving a contested revocation of consent.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development

Right to counsel

There is a right to counsel for parents in abuse and termination of parental rights proceedings.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

There is a right to counsel for parents in state-initiated termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to counsel

Minors have a right to counsel in abuse and termination cases.

Appointment of Counsel: Yes

Qualified: No

Health

Categorical

Adult Protective Proceedings - Protected Person

Legislation

Key Development

Right to counsel

There is a right to counsel for adult respondents at all stages of involuntary protective services proceedings.

Appointment of Counsel: Yes

Qualified: No

No Such Proceeding

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

Legislation

No such proceeding

There is no requirement that a minor obtain parental input prior to having an abortion.

Appointment of Counsel: No Such Proceeding

Qualified: No

Categorical

Civil Commitment

Legislation

Key Development

Right to counsel

There is a right to counsel for the subject of various kinds of civil commitment proceedings.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

The state high court has found a right to counsel for a committed person seeking to be released.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

Right to counsel

There is a right to counsel for the proposed ward in an Article 81 guardianship proceeding in certain circumstances.

Appointment of Counsel: Yes

Qualified: Yes

Litigation

Key Development

Right to counsel

There is a due process right to counsel for guardianship cases where the guardian seeks to commit the person or make major medical decisions.

Appointment of Counsel: Yes

Qualified: Yes

Key Development

October 3, 2016

NY court: wards have constitutional right to counsel in Art. 17-A guardianship proceedings

A NY Surrogate's Court held that proposed wards have a constitutional right to counsel in Article 17-A guardianship cases.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Involuntary Medical Treatment (incomplete)

Litigation

Key Development

Right to counsel

The New York Court of Appeals held a committed patient has a state constitutional right to counsel to dispute treatment decisions.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

NY statutory law provides a right to counsel to challenge medical treatment decisions.

Appointment of Counsel: Yes

Qualified: No

Key Development

Right to counsel

There is a right to counsel for involuntary outpatient treatment.

Appointment of Counsel: Yes

Qualified: No

Qualified

Quarantine/Isolation

Litigation

Key Development

Right to counsel

A New York appellate court found a due process right to counsel for involuntary hospitalization due to a communicable disease.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Sexually Dangerous Persons - Commitment

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent respondents in sex offender commitment proceedings.

Appointment of Counsel: Yes

Qualified: No

Categorical

Sexually Dangerous Persons - Registration/Notification

Legislation

Key Development

Right to counsel

There is a right to appointed counsel for a sex offender in a registration classification hearing.

Appointment of Counsel: Yes

Qualified: No

Housing

Qualified

Housing - Evictions

Litigation

Key Development

Right to counsel for defendants in military

A lower court suggested that under federal constitutional law, counsel is required when the defendant in an eviction is in the military.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

March 7, 2024

All about the right to counsel for evictions in NYC

NYC is the first jurisdiction in the country to establish a right to counsel for low-income tenants in eviction cases, and is looking to expand.

Appointment of Counsel: Yes

Qualified: Yes

NCCRC helped assemble the NYC coalition, spoke at the Dec 5 event, and worked on the SRR report.

Key Development

May 19, 2023

Westchester County NY is first county with tenant right to counsel

In May 2023, Westchester County NY became the first county, and 19th jurisdiction, to provide a right to counsel for tenants.

Appointment of Counsel: Yes

Qualified: Yes

We provided support to the advocates pursuing this policy and submitted supportive testimony.

Miscellaneous

Key Development

September 4, 2020

Rochester NY to provide counsel for all tenants

Rochester NY will be providing counsel to all tenants facing eviction.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Housing - General

Litigation

Key Development

March 20, 2024

Lawsuit challenging failure to appoint lawyers for foreclosed NY homeowners settles

A lawsuit by the NYCLU challenging the failure of NY courts to determine whether foreclosed homeowners should be appointed counsel has settled.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Other subject area

Legislation

Key Development

June 20, 2017

New NY law requires appointment of counsel for minors seeking to marry

A bill passed in 2017 requires a court to appoint counsel for a seventeen year old seeking judicial permission to marry.

Appointment of Counsel: Yes

Qualified: No

Key Development

June 28, 2018

Discretionary appointment of counsel - standby guardianships

A court may appoint counsel for a child when petition by a standby guardian to assume custody is filed.

Appointment of Counsel: Discretionary

Qualified: No

Litigation

Key Development

April 20, 2023

Right to counsel - Extreme risk protection orders

Extreme risk protection order respondents may have the right to counsel under certain circumstances.

Appointment of Counsel: Yes

Qualified: Yes

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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