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Virginia

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 - Children

Legislation

November 19, 2024

HB1263

Prohibiting the court from requiring parents to pay the costs of child's attorney or GAL in abuse/neglect and truancy matters

Appointment of Counsel: Doesn't Affect

Qualified: No

Right to attorney GAL

Children have the right to an attorney-GAL in abuse and termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: Yes

Doesn't Affect

Guardianship/Conservatorship of Adults - Protected Person

Legislation

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Housing - Evictions

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC has been supporting advocates and policymakers in Richmond.

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC has been advising the advocates seeking the right to counsel.

Doesn't Affect

Incarceration for Fees/Fines (incomplete)

Legislation

February 4, 2025

HB2223

Prohibiting the court from levying appointed counsel fees against indigent criminal defendants, which could impact civil fees and fines matters.

Appointment of Counsel: Doesn't Affect

Qualified: No

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.

Appointment of Counsel: Discretionary

Qualified: Yes

Doesn't Affect

Termination of Parental Rights (Private) - Children

Legislation

November 18, 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.

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to attorney GAL

Children have the right to an attorney-GAL in abuse and termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: Yes

Doesn't Affect

Truancy - Petition Against Child

Legislation

November 19, 2024

HB1263

Prohibiting the court from requiring parents to pay the costs of child's attorney or GAL in abuse/neglect and truancy matters

Appointment of Counsel: Doesn't Affect

Qualified: No

Right to counsel

Virginia children have a right to counsel in truancy cases (which are treated as "child in need of supervision" matters).

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: No

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to attorney GAL

Children have the right to an attorney-GAL in abuse and termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

All Basic Human Needs

Legislation

Key Development

Right to counsel

A statute requires the court to appoint counsel as GAL for a defendant under disability, rather than staying the case.

Appointment of Counsel: Yes

Qualified: Yes

Key Development

Discretionary appointment

A court may appoint counsel in any civil case.

Appointment of Counsel: Discretionary

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Discretionary

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to Counsel

A court must appoint counsel for individuals in involuntary treatment matters.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Discretionary

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: No

Categorical

Sexually Dangerous Persons - Commitment

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.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

There is a right to counsel in sexually violent predator commitment proceedings.

Appointment of Counsel: Yes

Qualified: No

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).

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to attorney GAL

Children have the right to an attorney-GAL in abuse and termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: Yes

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).

Appointment of Counsel: Yes

Qualified: No

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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