Wisconsin
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Discretionary
Abuse/Neglect/Dependency - Accused Parents
Litigation
Key Development
Discretionary appointment of counsel
The WI Supreme Court held that courts must make a case-by case determination of whether to appoint counsel in abuse/neglect cases.
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Pilot
Key Development
April 4, 2018
Wisconsin takes step towards right to counsel for parents
A new 2018 law creates pilot programs that provide a right to counsel for parents in CHIPS cases in 5 counties.
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Legislation
Key Development
Discretionary appointment of counsel
Courts may appoint counsel for parents in CHIPS cases.
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
Children over the age of 12 have a right to counsel in certain abuse/neglect cases, but appointment is otherwise discretionary.
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Qualified
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 regardless of indigency.
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Doesn't Affect
All Basic Human Needs
Court Rule or Initiative
September 13, 2018
Wisconsin advocates petition WI Supreme Court for right to counsel rules
WI advocates have filed two petitions asking the WI Supreme Court to establish civil right to counsel rules and pilot projects.
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Litigation
Discretionary appointment of counsel
The WI Supreme Court held that trial courts have the inherent power to appoint counsel in any civil case.
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Legislation
April 18, 2016
Wisconsin legislature creates access to civil legal services study committee
The Wisconsin legislature created a study committee to examine how to expand access to counsel in civil cases.
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Categorical
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
Right to counsel
There is a right to counsel for minors seeking to bypass the parental consent requirements for an abortion.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent persons for various types of civil commitment proceedings.
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Litigation
Key Development
October 26, 2017
Wisconsin case addresses right to counsel for confinement of pregnant women
A Wisconsin case raised the issue of right to counsel when pregnant women are civilly committed for alleged child endangerment.
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Key Development
Right to counsel
The Wisconsin Supreme Court held there is a constitutional right to counsel for indigent respondents in civil commitment cases.
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Key Development
Right to counsel
A federal court recognized a constitutional right to counsel for Wisconsin civil commitment proceedings.
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Categorical
Civil Contempt in Family Court
Legislation
Key Development
Right to counsel
There is a right to counsel for the respondent in a civil contempt proceeding.
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Litigation
Key Development
Right to counsel
The WI Supreme Court found a federal (and possibly state) constitutional right to counsel in civil contempt cases where the state is a party.
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Doesn't Affect
Domestic Violence - Alleged Victim
Pilot
March 1, 2018
Wisconsin pilot finds DV rep improves outcomes, saves money
A Wisconsin pilot project found that providing representation to victims of domestic violence improved personal/family safety and saved money.
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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 subject of guardianship proceedings, but only upon request.
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Doesn't Affect
Housing - Evictions
Legislation
October 24, 2024
All about Milwaukee's universal tenant representation program
Milwaukee County has passed a resolution in support of right to counsel and appropriated sufficient funding to make that happen.
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Qualified
Incarceration for Fees/Fines (incomplete)
Litigation
Key Development
Right to counsel
The WI Supreme Court found a federal (and possibly state) constitutional right to counsel in civil contempt cases where the state is a party.
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Legislation
Key Development
Right to counsel
There is a right to counsel for a defendant in a civil contempt proceeding.
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Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to counsel
there is a right to counsel prior to the involuntary administration of psychotropic medication.
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Categorical
Other subject area
Legislation
Key Development
Right to counsel - Expectant mothers
There is a right to counsel for expectant mothers for whom protection/services is ordered.
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Qualified
Parentage - Defendant/Respondent
Legislation
Key Development
Right to counsel
There is a right to counsel for an indigent respondent in certain paternity proceedings.
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Qualified
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel for tuberculosis confinement of individuals lasting more than 72 hours, but not for other kinds of quarantine.
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Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent subjects of a sexually violent persons civil commitment proceeding.
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Litigation
Key Development
Right to counsel
The WI Supreme Court held that those subjected to sexually violent person confinement have a constitutional right to counsel for their appeal.
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Categorical
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
Right to counsel
Indigent parents have a right to counsel in contested adoption cases.
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Qualified
Termination of Parental Rights (Private) - Children
Legislation
Key Development
Right to counsel
A court must appoint a lawyer-GAL for a child in a contested adoption, and may appoint counsel.
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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.
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Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
Children in termination cases have a right to a lawyer-GAL in termination proceedings.
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Qualified
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
Children in truancy proceedings only have a right to counsel in limited situations; the rest of the time it is discretionary.
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Discretionary