Virginia
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 and termination of parental rights cases.
Read More
Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
Children have the right to an attorney-GAL in abuse and termination of parental rights cases.
Read More
Key Development
February 27, 2024
HB1263
Prohibiting the court from requiring parents to pay the costs of child's attorney or GAL in abuse/neglect and truancy matters
Read More
Doesn't Affect
Adult Protective Proceedings - Protected Person
Legislation
Right to guardian ad litem
Indigent adults have the right to a GAL if they lack the capacity to waive the right to counsel, but it is not clear whether the GAL is attorney
Read More
Discretionary
All Basic Human Needs
Categorical
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
Right to counsel
A minor has a right to counsel upon request in proceedings to bypass the parental consent requirement to have an abortion.
Read More
Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for the subject of a civil commitment proceeding, including appeal of any commitment order.
Read More
Qualified
Domestic Violence - Alleged Victim
Legislation
Key Development
Discretionary appointment of counsel
Some courts in VA are authorized to appoint counsel for victims of family abuse.
Read More
Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
A court must appoint a GAL who is a lawyer for the protected person, but may also appoint counsel.
Read More
Key Development
November 25, 2020
PRIORITY BILL: counsel in guardianship cases
A proposed bill would require appointment of counsel for the protected person in guardianship cases, rather than it being discretionary.
Read More
Doesn't Affect
Housing - Evictions
Miscellaneous
June 15, 2021
Charlottesville to provide counsel for most low-income tenants
The City Council has committed to providing funding such that most low-income tenants can be provided counsel.
Read More
Legislation
September 24, 2024
All about tenant RTC efforts in Richmond VA
The City of Richmond passed a resolution supporting the concept of tenant RTC, which follows a prior $500k budget allocation for representation.
Read More
Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to Counsel
A court must appoint counsel for individuals in involuntary treatment matters.
Read More
Qualified
Issues Related to Incarcerated People
Legislation
Key Development
Right to counsel - Incarcerated individuals where warden requests counsel
Incarcerated persons have a right to counsel if the superintendent or warden requests counsel for them.
Read More
Qualified
Other subject area
Legislation
Key Development
March 23, 2023
Discretionary appointment of counsel for child witnesses
The court may appoint an attorney as a GAL for minors called as witnesses.
Read More
Categorical
Quarantine/Isolation
Legislation
Key Development
Right to Counsel
There is a right to counsel for persons at an isolation hearing, appealing an order of isolation, or appealing an order of quarantine.
Read More
Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel in sexually violent predator commitment proceedings.
Read More
Litigation
Key Development
Right to counsel
The Virginia Supreme Court found a federal and state constitutional right to counsel for sexually violent predator confinement proceedings.
Read More
Categorical
Sterilization
Legislation
Key Development
Right to counsel
Virginia law requires appointment of counsel prior to sterilization of a minor (which is the only context in which sterilization is authorized).
Read More
Qualified
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
Right to counsel
Parents have the RTC in contested adoptions, unless they've not seen the child for 6 months. Certain other parents may be appointed counsel.
Read More
Doesn't Affect
Termination of Parental Rights (Private) - Children
Legislation
February 2, 2024
HB765
Creates cause of action for the private termination of parental rights due to a conception resulting from sexual assault, for which court may appoint guardian ad litem for the child.
Read More
Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
Indigent parents have a right to counsel in abuse and termination of parental rights cases.
Read More
Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
Children have the right to an attorney-GAL in abuse and termination of parental rights cases.
Read More
Categorical
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
Virginia children have a right to counsel in truancy cases (which are treated as "child in need of supervision" matters).
Read More
Key Development
February 27, 2024
HB1263
Prohibiting the court from requiring parents to pay the costs of child's attorney or GAL in abuse/neglect and truancy matters
Read More
Discretionary
All Basic Human Needs
Domestic Violence
Education
Health
Qualified
Issues Related to Incarcerated People
Qualified