Tennessee
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 proceedings.
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
Courts must appoint an attorney-GAL for children in abuse/neglect proceedings.
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Categorical
Adult Protective Proceedings - Protected Person
Legislation
Key Development
Right to counsel
There is a right to counsel for the subject of an adult protective proceeding.
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Doesn't Affect
All Basic Human Needs
Bar Effort
November 18, 2013
Tennessee Bar Civil Right to Counsel Event Gets AP Coverage
The AP covered a civil right to counsel event by the TN Bar and Legal Aid of West TN held on Friday, Nov. 22.
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Legislation
Categorical
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
Right to cousel
There is a right to counsel upon request for a minor seeking to bypass parental consent for an abortion.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for the subject of a civil commitment proceeding.
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Litigation
Key Development
Right to counsel
The Tennessee Supreme Court held that must be appointed in a civil commitment proceeding, presumably under the constitution.
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Qualified
Civil Contempt in Family Court
Litigation
Key Development
Right to counsel
A few appellate courts found a federal constitutional right to counsel in civil contempt proceedings.
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Court Rule or Initiative
Key Development
Right to counsel
A court rule potentially provides a right to counsel in civil contempt cases involving incarceration.
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Discretionary
Custody Disputes - Children
Court Rule or Initiative
Key Development
Discretionary appointment of counsel
A court may appoint an attorney-GAL for a child in a private custody proceeding.
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Doesn't Affect
Forfeiture (incomplete)
Report
November 1, 2018
Civil Rights Commission: Tennessee forfeiture proceedings should include counsel
A civil rights report critiques Tennessee's civil forfeiture practices for not providing a right to counsel for property owners.
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Legislation
March 28, 2023
Forfeiture right to counsel bills have died
Cross-filed bills would have provided a right to counsel for certain defendants in civil asset forfeiture matters.
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Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
There is a right to counsel for the proposed ward in a guardianship proceeding, but only upon request, and the attorney's role is unclear.
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Doesn't Affect
Housing - Evictions
Report
April 23, 2024
Studies measure Chattanooga tenant rep pilot impact
Several reports examining Chattaooga's Eviction Prevention Initiative find it has a number of benefits.
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Legislation
October 16, 2013
Report: Davidson County TN tenant rep program delivering benefits to tenants
A 2023 report found that Davidson County's tenant representation program was delivering significant financial and other benefits to tenants.
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Qualified
Incarceration for Fees/Fines (incomplete)
Litigation
Key Development
Right to counsel
A few appellate courts have recognized a federal constitutional right to counsel in civil contempt proceedings.
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Court Rule or Initiative
Key Development
Right to counsel
A court rule potentially provides a right to counsel in civil contempt cases involving incarceration.
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Qualified
Quarantine/Isolation
Legislation
Key Development
Right to Counsel
There is a right to counsel for a person who is a "health threat to others" subject to isolation or quarantine, not related proceedings.
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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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No Such Proceeding
Sterilization
Legislation
No such proceeding
There appears to be no statutory or caselaw authority for sterilization in Tennessee.
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Categorical
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
January 1, 2009
Legislature extends parent's right to counsel to adoption proceedings
The Tennessee legislature amended the code to extend the right to counsel to parents in adoption proceedings.
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Categorical
Termination of Parental Rights (Private) - Children
Court Rule or Initiative
Key Development
Right to counsel
A court must appoint an attorney-GAL for a child in all termination proceedings.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Court Rule or Initiative
Key Development
Right to counsel
Indigent parents have a right to counsel in termination of parental rights proceedings.
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Legislation
Key Development
Right to counsel
There is a statutory right to counsel in termination of parental rights cases.
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Litigation
Key Development
April 5, 2024
Appellate court finds withdrawal of mother's attorney violated fundamental fairness
An appellate court reversed termination of a mother's parental rights where the trial court allowed her attorney to withdraw the day of trial.
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Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
Courts must appoint an attorney-GAL for children in termination proceedings.
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Qualified
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
In Tennessee, truancy (which is treated as an "unruly child" matter) only triggers a right to counsel for the child in certain situations.
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Discretionary