Virginia

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Doesn't Affect

Abuse/Neglect/Dependency - Children

Legislation

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
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
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.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
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.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

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

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.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
The NCCRC has been supporting advocates and policymakers in Richmond.
Qualified

Other subject area

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
March 23, 2023
Discretionary appointment of counsel for child witnesses
The court may appoint an attorney as a GAL for minors called as witnesses.
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Appointment of Counsel:  Discretionary
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
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.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Doesn't Affect

Truancy - Petition Against Child

Legislation

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
Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Discretionary

All Basic Human Needs

Domestic Violence

Education

Family Law

Health

Qualified

Issues Related to Incarcerated People

Qualified

Other subject area