Civil RTC News
This page lists all of the most recent developments on civil right to counsel across the country. These could be newly created rights to counsel, significant publications, public events, advocacy efforts, or other things that don’t fit into a neat category.
Right to counsel
A court rule provides a right to counsel for respondents in guardianships due to intellectual disability or mental health.
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
No such proceeding
The adult protective services code does not itself authorize court-ordered involuntary services, but related matters are authorized.
Discretionary appointment of GAL
The court may appoint a GAL for unrepresented respondents less than 18 years of age, but it is not clear whether the GAL is an attorney.
Right to assistance for enforcement
In certain situations, the state must provide indigent victims with assistance in enforcing protective orders.
Vulnerable adult protection orders filed by department
Interested persons or the department may file for a protective order on a vulnerable adult's behalf, but no right to counsel was found.
Right to guardian ad litem
Adults who are the subject of certain protective proceedings are entitled to a GAL, but it is not clear whether the GAL must be an attorney.
No right to counsel located
Protective services can be provided absent consent in some circumstances, but no provisions requiring appointment of counsel or a GAL were found
Right to “qualified and independent assistance”
Intellectually disabled people whose guardians seek to admit them have the right to "qualified and independent assistance."
Presumptive right to counsel – Guardianship context
A district court held that patients who are committed "voluntarily" by their guardian are entitled to a hear challenging their confinement.
Court of Appeals declines to find right to counsel
Though parents have a fundamental right in raising their children, this does not translate into a right to counsel in custody cases.
High court declines to extend right to counsel
In a case from Kentucky's highest court in 1961, the court declined to extend the right to counsel to divorce matters.
