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Louisiana

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.

Categorical

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Right to counsel

Indigent parents are entitled to counsel in abuse/neglect proceedings.

Appointment of Counsel: Yes

Qualified: No

Qualified

Housing - Evictions

Legislation

Key Development

May 6, 2022

All about New Orleans' Tenant Right to Counsel

In May 2022, the New Orleans City Council enacted an ordinance to provide a right to counsel for all tenants facing eviction.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC supported the effort through testimony and behind-the-scenes work.

Categorical

Incarceration for Fees/Fines (incomplete)

Legislation

Key Development

June 21, 2017

Louisiana requires counsel for contempt hearings

A bill passed in 2017 requires the court to appoint counsel when a defendant is held in contempt for failure to comply with a repayment plan.

Appointment of Counsel: Yes

Qualified: No

Qualified

Other subject area

Legislation

Key Development

June 2, 2018

Right to counsel - Student making terroristic threat

A bill passed in 2018 requires the appointment of counsel for a student subjected to mental health evaluation after making a terroristic threat.

Appointment of Counsel: Yes

Qualified: Yes

Doesn't Affect

Termination of Parental Rights (Private) - Birth Parents

Litigation

January 9, 2021

Trial court abused its discretion in failing to appoint counsel for parent

A Louisiana appellate court reversed an adoption because the trial court failed to determine if the birth parent was entitled to counsel.

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

Termination of Parental Rights (Private) - Children

Legislation

Key Development

June 9, 2023

Legislature passes discretionary appointment for some kids

In TPR matters brought based on commission of a sex offense resulting in conception of the child, the court may appoint counsel.

Appointment of Counsel: Discretionary

Qualified: Yes

Key Development

August 23, 2018

Appellate Court: Child's right to counsel in adoptions is mandatory

A Louisiana court held that a child's right to counsel in adoption cases is not subject to waiver and must be strictly enforced.

Appointment of Counsel: Doesn't Affect

Qualified: No

Categorical

Termination of Parental Rights (State) - Children

Legislation

Key Development

May 21, 2024

LA removes RTC loophole for children

The court must appoint counsel for all children in termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: No

Qualified

Abuse/Neglect/Dependency - Accused Parents

Litigation

Key Development

Right to counsel

An appellate court found a state and federal due process right to counsel in abuse/neglect cases, although the decision is in some question.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

Indigent parents are entitled to counsel in abuse/neglect proceedings.

Appointment of Counsel: Yes

Qualified: No

Categorical

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

A child has a right to counsel in abuse/neglect proceedings.

Appointment of Counsel: Yes

Qualified: No

Categorical

Adult Protective Proceedings - Protected Person

Legislation

Key Development

Right to counsel

There is a right to counsel in adult protective proceedings regardless of indigence.

Appointment of Counsel: Yes

Qualified: No

Qualified

All Basic Human Needs

Legislation

Key Development

Right to counsel - Certain defendants

A court must appoint counsel for certain types of unrepresented defendants.

Appointment of Counsel: Yes

Qualified: Yes

Litigation

Key Development

Discretionary appointment of counsel

The Louisiana Supreme Court has said that trial courts possess the inherent power to appoint counsel in civil cases.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Benefits - Claimant

Legislation

Key Development

Discretionary appointment

A court may appoint counsel in a proceeding to have a curator appointed to apply for public assistance for a mentally incompetent person.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

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

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint an attorney for a minor in judicial bypass proceedings in certain circumstances.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Child Support Establishment

Litigation

Key Development

Right to counsel

One appellate court found a right to counsel in a child support establishment proceeding.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Civil Commitment

Legislation

Key Development

Right to counsel

Adults and children have a right to counsel in civil commitment proceedings.

Appointment of Counsel: Yes

Qualified: No

Qualified

Consumer or Other Debt

Legislation

Key Development

Appointed counsel to receive service on judgment debtor's behalf

In seizing a judgment debtor's property, the court shall appoint counsel to receive service if unable to serve debtor or their attorney.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Custody Disputes - Children

Legislation

Key Development

Right to counsel

Children are entitled to counsel if a "prima facie case" is made that they were abused by a parent or the parent knew of the abuse.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Domestic Violence - Accused Person

Legislation

Key Development

Right to counsel

A court must appoint counsel for a domestic violence restraining order defendant if counsel has been appointed for the petitioner.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Guardianship/Conservatorship of Adults - Protected Person

Litigation

Key Development

Right to counsel

A series of dated cases suggest counsel is required in guardianship matters, though the basis for the holdings is not clear.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

There is a right to counsel for adults in interdiction (guardianship) proceedings, at least in establishment and review matters.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Guardianship/Conservatorship of Children - Parent or Guardian

Legislation

No such proceeding

Louisiana’s guardianship of children procedure is found only in the state’s “Child in Need of Care” statutes.

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

Housing - Evictions

Legislation

Key Development

May 6, 2022

All about New Orleans' Tenant Right to Counsel

In May 2022, the New Orleans City Council enacted an ordinance to provide a right to counsel for all tenants facing eviction.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC supported the effort through testimony and behind-the-scenes work.

Categorical

Incarceration for Fees/Fines (incomplete)

Legislation

Key Development

June 21, 2017

Louisiana requires counsel for contempt hearings

A bill passed in 2017 requires the court to appoint counsel when a defendant is held in contempt for failure to comply with a repayment plan.

Appointment of Counsel: Yes

Qualified: No

Categorical

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to counsel

Adults have the right to counsel as do children who are either indigent or whose chosen attorney is unavailable or unwilling to represent them.

Appointment of Counsel: Yes

Qualified: No

Discretionary

Other subject area

Legislation

Key Development

Discretionary appointment - Proceeding to appoint curator

The court may appoint for alleged "mentally incompetent" persons in cases related to appointment of a curator for public benefits applications.

Appointment of Counsel: Discretionary

Qualified: No

Key Development

Right to counsel - certain election contests

There is a right to court-appointed counsel in certain contests brought under the elections code where the defendant does not appear at trial.

Appointment of Counsel: Yes

Qualified: Yes

Key Development

June 2, 2018

Right to counsel - Student making terroristic threat

A bill passed in 2018 requires the appointment of counsel for a student subjected to mental health evaluation after making a terroristic threat.

Appointment of Counsel: Yes

Qualified: Yes

Other

Parentage - Defendant/Respondent

Litigation

No right to counsel

The Court of Appeal of Louisiana, Second Circuit has found no right to counsel for a parentage defendant.

Appointment of Counsel: Other

Qualified: No

Qualified

Quarantine/Isolation

Legislation

Key Development

Right to counsel

There is a right to counsel for a person with tuberculosis in a judicial commitment hearing, but not for other quarantine or isolation orders.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Appointment of Counsel: No Such Proceeding

Qualified: No

Other

Termination of Parental Rights (Private) - Birth Parents

Litigation

No due process right to counsel

The Court of Appeal of Louisiana, First Circuit found no due process right to counsel for incarcerated respondent father in an adoption matter.

Appointment of Counsel: Other

Qualified: No

Legislation

Discretionary appointment of counsel

Parents are entitled to counsel in some adoption circumstances and may be provided counsel in others.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Termination of Parental Rights (Private) - Children

Legislation

Key Development

June 9, 2023

Legislature passes discretionary appointment for some kids

In TPR matters brought based on commission of a sex offense resulting in conception of the child, the court may appoint counsel.

Appointment of Counsel: Discretionary

Qualified: Yes

Key Development

Right to counsel

Children have a right to counsel in intrafamily adoptions and where a mother seeks to relinquish custody but the father objects.

Appointment of Counsel: Yes

Qualified: No

Other

Termination of Parental Rights (State) - Birth Parents

Litigation

No right to counsel - Voluntary relinquishments

The Louisiana Supreme Court has held that there is no constitutional right to counsel in voluntary relinquishment matters.

Appointment of Counsel: Other

Qualified: No

Right to counsel

An appellate court found a state and federal due process right to counsel in termination cases, although the decision is in some question.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Right to counsel

Indigent parents are entitled to counsel in termination of parental rights proceedings, including potentially the appeal.

Appointment of Counsel: Yes

Qualified: No

Categorical

Termination of Parental Rights (State) - Children

Legislation

Key Development

May 21, 2024

LA removes RTC loophole for children

The court must appoint counsel for all children in termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: No

Categorical

Truancy - Petition Against Child

Legislation

Key Development

Right to counsel

Children have a right to counsel in truancy cases (which are treated as family in need of supervision matters).

Appointment of Counsel: Yes

Qualified: No

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.

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