Ensuring individuals have a right to effective counsel when facing the loss of their basic human needs in the civil legal system.

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Idaho

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
What do these terms mean?
Recent Activity
Right to Counsel Status
Categorical

Civil Commitment

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).
April 2, 2024
Right to counsel
There is a right to counsel for respondents in civil commitment proceedings, including for juveniles and developmentally disabled persons.
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Appointment of Counsel:  Yes
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.
Qualified

Custody Disputes - Children

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 28, 2024
Discretionary appointment of counsel or GAL
The court may appoint counsel or a guardian ad litem for a minor in a private custody dispute arising in a divorce.
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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.
Qualified

Guardianship/Conservatorship of Adults - Protected Person

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 20, 2026
Enacted UGCOPA Act clarifies guardianship counsel is client-directed, but weakens protections in conservatorships
A 2026 law guarantees adults client-directed counsel in guardianship establishment cases but discretionary appointment in conservatorships.
Read More
Appointment of Counsel:  Yes
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.
Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

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 20, 2026
Enactment of UGCOPA weakens appointment of counsel for children
2026 changes to the law somewhat narrow the appointment of counsel in guardianship establishment matters.
Read More
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.
Discretionary

Guardianship/Conservatorship of Children - Parent or Guardian

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 20, 2026
UGCOPA adds discretionary appointment of counsel for parents
A 2026 law permits the court to appoint counsel for objecting parents in guardianship / conservatorship establishment cases.
Read More
Appointment of Counsel:  Discretionary
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

Termination of Parental Rights (Private) - Birth Parents

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).
May 12, 2026
All about Idaho's repeal of right to counsel for parents in TPR cases
As a result of a 2025 change, parents no longer have a right to counsel. Rather, appointment is on a case-by-case basis.
Read More
Appointment of Counsel:  Discretionary
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 submitted testimony in opposition to SB 1181 in advance of its March 27, 2025 hearing before the House Judiciary, Rules, & Administration Committee.
Discretionary

Termination of Parental Rights (State) - Birth Parents

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).
May 12, 2026
All about Idaho's repeal of right to counsel for parents in TPR cases
As a result of a 2025 change, parents no longer have a right to counsel. Rather, appointment is on a case-by-case basis.
Read More
Appointment of Counsel:  Discretionary
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 submitted testimony in opposition to SB 1181 in advance of its March 27, 2025 hearing before the House Judiciary, Rules, & Administration Committee.
Categorical

Abuse/Neglect/Dependency - Accused Parents

Discretionary

Abuse/Neglect/Dependency - Children

No Such Proceeding

Adult Protective Proceedings - Protected Person

Categorical

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Categorical

Civil Commitment

Qualified

Custody Disputes - Children

Discretionary

Domestic Violence - Accused Person

Discretionary

Domestic Violence - Alleged Victim

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

Discretionary

Guardianship/Conservatorship of Children - Parent or Guardian

Qualified

Incarceration for Fees/Fines (incomplete)

Categorical

Involuntary Medical Treatment (incomplete)

No Such Proceeding

Sexually Dangerous Persons - Commitment

Categorical

Sterilization

Discretionary

Termination of Parental Rights (Private) - Birth Parents

Qualified

Termination of Parental Rights (Private) - Children

Discretionary

Termination of Parental Rights (State) - Birth Parents

Discretionary

Termination of Parental Rights (State) - Children

Qualified

Truancy - Petition Against Child

© 2003-2026 National Coalition for a Civil Right to Counsel

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 Public Justice Center Our Work Funders & Supporters Contact
About Civil RTC
History CRTC Champions FAQ
News
Events
Resource Library
Status Map Bibliographies Advocacy Tools Key Issue: Tenant RTC
Get Involved
Donate
Status Map