Pennsylvania
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 in abuse/neglect cases.
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
June 27, 2018
Right to counsel
Children in abuse/neglect cases are entitled to a GAL who is an attorney.
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Categorical
Adult Protective Proceedings - Protected Person
Legislation
Key Development
Right to counsel
An adult has a right to appointed counsel prior to the imposition of involuntary emergency protective services.
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Key Development
November 19, 2024
HB2663
Provides RTC for older adults on whose behalf an emergency protective order is entered
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Doesn't Affect
All Basic Human Needs
Legislation
January 1, 2013
Pennsylvania hearings on civil legal aid discuss right to counsel
The PA Senate Judiciary Committee held hearings in 2013 about the civil legal justice gap, and many people testified about a right to counsel.
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Litigation
Discretionary appointment
A lower court held that incorporated English common law gave the court the power to appoint counsel in any civil case.
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Report
May 2, 2014
PA urged to take steps towards a civil right to counsel
A new report issued by the Civil Legal Justice Coalition to the PA State Senate Judiciary Committee urges PA to pursue a civil right to counsel.
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Bar Effort
December 9, 2015
Philadelphia Bar Chancellor Joins Chorus for Civil Right to Counsel
New Philadelphia Bar Chancellor Gaetan Alfano has said that civil right to counsel will be a priority during his term.
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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 in seeking to bypass parental consent to have an abortion.
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Key Development
May 20, 2024
HB2304
Repeals the requirement that minors obtain parental consent for an abortion as well as the process for bypass of consent, for which minors currently have RTC; provides for judicial review of a guardian's decision on behalf of a protected person as to an abortion for which the protected person has the RTC
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
Adults subject to civil commitment proceedings have the right to counsel as do certain minors.
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Litigation
Key Development
Right to counsel
Two Pennsylvania courts have suggested that counsel is constitutionally required in civil commitment proceedings.
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Qualified
Civil Contempt in Family Court
Litigation
Key Development
March 3, 2020
PA appellate court: right to counsel attaches where incarceration is threatened
A PA appellate court broadly held that the right to counsel attaches when incarceration is threatened in civil matters.
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Key Development
March 17, 2021
PA Superior Court: appointed counsel must represent if likelihood of imprisonment
The PA Superior Court instructs that on remand, so long as there is a likelihood of imprisonment, appointed counsel must continue to represent.
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Discretionary
Custody Disputes - Children
Court Rule or Initiative
Key Development
Discretionary appointment of counsel
A court may appoint counsel for the child in various kinds of private custody proceedings.
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Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a child in a private custody proceeding.
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Doesn't Affect
Divorce
Report
October 26, 2018
Philadelphia divorce study finds representation makes big difference
A study found that those who received full representation in divorce cases were significantly more successful in completing their divorces.
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Qualified
Forfeiture (incomplete)
Litigation
Key Development
Right to counsel
A lower court stated that there may be a right to counsel in certain civil forfeiture proceedings.
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Legislation
Key Development
April 12, 2017
Legislation: civil forfeiture
This bill would provide a right to counsel for certain owners in civil forfeiture proceedings.
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Categorical
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
December 14, 2023
PA joins majority of states in establishing RTC for guardianships
As of 2023, there is a right to client-directed counsel in guardianship proceedings regardless of ability to pay.
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Key Development
May 20, 2024
HB2304
Repeals the requirement that minors obtain parental consent for an abortion as well as the process for bypass of consent, for which minors currently have RTC; provides for judicial review of a guardian's decision on behalf of a protected person as to an abortion for which the protected person has the RTC
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Qualified
Housing - Evictions
Legislation
Key Development
December 4, 2023
All about Philadelphia's eviction right to counsel
The Philadelphia City Council has enacted a right to counsel for tenants.
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Report
Key Development
April 30, 2022
PA report urges statewide eviction right to counsel
A report from the Pennsylvania Budget and Policy Center urges the state to fund a right to counsel for tenants statewide.
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Doesn't Affect
Immigration
Report
October 1, 2019
PA report calls for immigration right to counsel
A new report out of Pennsylvania finds that few are represented in immigration court and calls for counsel to be provided by the state.
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Categorical
Incarceration for Fees/Fines (incomplete)
Court Rule or Initiative
Key Development
Right to counsel
A court rule provides a right to counsel when incarceration is threatened for failure to pay criminal fines and fees.
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Litigation
Key Development
April 30, 2018
PA court: fees/fines defendants have right to appointed counsel
The Pennsylvania Superior Court held defendants have a right to appointed counsel prior to being incarcerated for failure to pay fees/fines.
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Key Development
March 3, 2020
PA Superior Court: right to appointed counsel where there is a likelihood of imprisonment for failure to pay cost
The PA Superior Court held that counsel must be appointed where there is a likelihood of imprisonment for contempt over failure to pay a cost.
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Legislation
Key Development
March 8, 2023
HB190
If court is considering incarcerating a defendant who has defaulted on payment of fees/fines, notice to defendant must inform them of their RTC.
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Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to counsel
Persons subjected to involuntary outpatient treatment have a right to counsel, and protected persons arguably may be appointed counsel.
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Key Development
October 18, 2023
SB962
Provides the RTC to respondents in invol. treatment for substance use matters unless "it appears [they] can afford" (and desire) private representation
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Qualified
Parentage - Defendant/Respondent
Litigation
Key Development
Right to counsel
Several lower courts found a federal constitutional right to counsel for respondents in state-initiated paternity cases.
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Qualified
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel for people quarantined or isolated due to a bioterrorist or biohazardous event, and unclear for other situations.
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Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent respondents in sexually violent person commitment proceedings.
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Categorical
Sexually Dangerous Persons - Registration/Notification
Legislation
Key Development
February 21, 2018
Pennsylvania adds right to counsel for sex offender registration proceedings
A bill passed in 2018 guarantees counsel for proceedings to determine the need for sexually violent predator registration.
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Discretionary
Sterilization
Legislation
Key Development
Discretionary appointment of counsel for protected person in sterilization proceedings
There is an arguable right to appointed counsel in sterilization proceedings for adults subject to guardianship.
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Categorical
Termination of Parental Rights (Private) - Birth Parents
Qualified
Termination of Parental Rights (Private) - Children
Legislation
Key Development
Right to counsel
Kids have a right to counsel in contested adoptions, and the court may appoint a GAL in certain matters related to voluntary agreements.
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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 termination of parental rights cases upon request.
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Litigation
Key Development
Right to counsel
The Pennsylvania Supreme Court found a due process right to counsel in termination of parental rights cases, although the case is in some doubt.
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Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
January 14, 2023
All about the children's right to counsel in PA TPR cases
Children have a right to client-directed counsel in termination of parental rights cases, although the child's GAL can sometimes play this role.
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Categorical
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
Children in Pennsylvania have a right to counsel in truancy cases (which are handled as dependency matters).
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Qualified