Home
>
Map
>
Major Developments

Back to Status Map

Wisconsin

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 - Accused Parents

Pilot

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

Litigation

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.

Appointment of Counsel: Discretionary

Qualified: No

Doesn't Affect

All Basic Human Needs

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

NCCRC supported the prior petitions to the Court urging it to expand access to counsel.

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC testified in support of the original petition, attended Access to Justice Commission meetings that discussed the petition, and provided input on the substance of the new petition.

Doesn't Affect

Civil Commitment

Litigation

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

NCCRC helped frame the right to counsel component of the case and filed an amicus brief.

Legislation

Right to counsel

There is a right to counsel for indigent persons for various types of civil commitment proceedings.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Housing - Evictions

Pilot

January 17, 2025

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

Discretionary

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Discretionary appointment of counsel

Courts may appoint counsel for parents in CHIPS cases.

Appointment of Counsel: Discretionary

Qualified: No

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.

Appointment of Counsel: Discretionary

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

All Basic Human Needs

Litigation

Key Development

Discretionary appointment of counsel

The WI Supreme Court held that trial courts have the inherent power to 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

There is a right to counsel for minors seeking to bypass the parental consent requirements for an abortion.

Appointment of Counsel: Yes

Qualified: No

Qualified

Civil Commitment

Litigation

Key Development

Right to counsel

A federal court recognized a constitutional right to counsel for Wisconsin civil commitment proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Key Development

Right to counsel

The Wisconsin Supreme Court held there is a constitutional right to counsel for indigent respondents in civil commitment cases.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent persons for various types of civil commitment proceedings.

Appointment of Counsel: Yes

Qualified: No

Categorical

Civil Contempt in Family Court

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.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

There is a right to counsel for the respondent in a civil contempt proceeding.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

There is a right to counsel for a defendant in a civil contempt proceeding.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: No

Qualified

Parentage - Defendant/Respondent

Legislation

Key Development

Right to counsel

There is a right to counsel for an indigent respondent in certain paternity proceedings.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Sexually Dangerous Persons - Commitment

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.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent subjects of a sexually violent persons civil commitment proceeding.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: No

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.

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 termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

About Us

Mission & Vision Our Team Our Work Funders & Supporters Contact

About Civil RTC

History CRTC Champions FAQ

News

Resource Library

Status Map Bibliographies Advocacy Tools Key Issue: Tenant RTC

Get Involved

Donate

Status Map