Massachusetts
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Categorical
Abuse/Neglect/Dependency - Accused Parents
Litigation
Key Development
February 10, 2015
MA Supreme Court: parents have a right to counsel in abuse/neglect cases
The MA high court has said that the constitutional right to counsel applies to abuse/neglect cases.
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Doesn't Affect
All Basic Human Needs
Report
October 1, 2014
MA Report discusses those turned away for legal aid, and benefits of counsel
The BBA Task Force to Expand Civil Legal Aid's report discusses how many eligible clients are turned away and the economic benefits of counsel.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for respondents in civil commitment proceedings.
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Doesn't Affect
Civil Contempt in Family Court
Litigation
June 26, 2020
MA high court avoids RTC question for civil contempt, but issues strong ruling/concurrence
The Massachusetts high court avoided answering whether there is a right to counsel for civil contempt cases, but issued a strong opinion.
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Doesn't Affect
Consumer or Other Debt
Legislation
April 18, 2025
H1809
The court shall appoint counsel to represent decedent's homestead where an additional stay of a creditor's foreclosure action was denied
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Qualified
Custody Disputes - Children
Litigation
Key Development
April 13, 2017
MA Supreme Court: indigent guardians may be appointed counsel
The MA Supreme Court held a trial court may use its equitable powers to appoint counsel for an indigent guardian in a child guardianship case.
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Qualified
Custody Disputes - Parents
Litigation
Key Development
May 28, 2025
MA court: parents have right to counsel in certain private custody cases
The MA Court of Appeals held birth parents are entitled to counsel in permanent custody cases involving awards of custody to a nonparent.
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Doesn't Affect
Domestic Violence - Accused Person
Litigation
February 18, 2022
MA high court avoids question of right to counsel in DV cases
The Supreme Judicial Court of Massachusetts declined to answer whether indigent defendants are entitled to counsel in protection order cases.
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Legislation
January 23, 2017
Legislation: minor defendants in DV proceedings
These bills would require appointment of counsel for minor defendants in protection from abuse proceedings.
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Doesn't Affect
Domestic Violence - Alleged Victim
Legislation
January 23, 2017
Legislation: minor plaintiffs in DV proceedings
These bills would require appointment of counsel for minor plaintiffs in protection from abuse proceedings.
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Doesn't Affect
Forfeiture (incomplete)
Legislation
January 23, 2017
Legislation: civil forfeiture
This bill would eliminate civil forfeiture and requires appointment of counsel for indigent persons opposing forfeiture.
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April 29, 2025
S1049
Provides counsel in forfeiture cases brought under the controlled substances act to certain indigent criminal defendants and property owners
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Categorical
Guardianship/Conservatorship of Children - Parent or Guardian
Litigation
Key Development
May 4, 2016
MA high court: parents have right to counsel in private child guardianship establishment and modification proceedings
The Supreme Judicial Court of MA held there is a constitutional right to counsel in proceedings to establish or modify a child guardianship.
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Doesn't Affect
Housing - Evictions
Legislation
August 1, 2024
Several tenant RTC bills introduced
The Massachusetts House and Senate considered a variety of tenant right to counsel-related bills during 2023-24.
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January 3, 2025
Massachusetts considers tenant right to counsel
Bills have been filed to create a statewide right to counsel in eviction cases, and a statewide coalition has been launched to support them.
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April 17, 2025
H1
Would provide $2.5 million in funding to continue statewide tenant rep pilot program.
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February 27, 2025
H1480
Establishes the "Housing First and Housing for All Fund" to be used for a variety of purposes including the right to counsel. [Same as HB 3060]
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February 27, 2025
H1952
Establishes Access to Counsel Program for eviction and similar matters, providing full representation to certain tenants and owner occupants
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February 27, 2025
H3060
Establishes the "Housing First and Housing for All Fund" to be used for a variety of purposes including the right to counsel. [Same as HB 1480]
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February 27, 2025
S968
Establishes Access to Counsel Program for eviction and similar matters, providing full representation to certain tenants and owner occupants
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Report
June 2, 2020
Report finds racial disparity in evictions, calls for right to counsel
A report finds the majority of MA evictions suspended during COVID-19 are in communities of color, and calls for a right to counsel.
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Litigation
December 20, 2019
MA appellate court: counsel might be needed for evicted children
The MA Court of Appeals remanded a case to determine whether children in an eviction case needed representation separate from their mother.
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December 17, 2017
MA trial court issues historic right to counsel decision
A Massachusetts trial court ordered the appointment of an attorney ad litem in a housing eviction case.
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Pilot
January 1, 2012
MA completes comprehensive housing pilots
A set of housing right to counsel pilots were completed in Massachusetts in 2012 and 2013.
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January 23, 2025
Boston pilot launched for rep of tenants with school-age children
In 2025, the Mayor of Boston announced $500,000 in funding to expand representation for tenants with school-age children.
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Categorical
Incarceration for Fees/Fines (incomplete)
Legislation
Key Development
April 13, 2018
MA moves to guarantee counsel for all fees/fines incarceration
A bill passed in 2018 guarantees counsel for all those subject to incarceration for failure to pay any money owed.
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Report
Key Development
November 17, 2016
MA Senate Committee, Trial Court reports flag right to counsel issues in fees/fines cases
Reports from a MA Senate Committee and MA Trial Court Working Group call for a right to counsel in fees/fines cases.
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Doesn't Affect
Involuntary Medical Treatment (incomplete)
Legislation
February 27, 2025
H1801
Creates process for "critical community mental health service treatment plans" for which "the court, if necessary, shall appoint counsel." [Same as SB 1115]
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February 27, 2025
S1115
Creates process for "critical community mental health service treatment plans" for which "the court, if necessary, shall appoint counsel." [Same as HB 1801]
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Doesn't Affect
Other subject area
Legislation
February 27, 2025
H261
Provides right to counsel to indigent surrogate decision makers in matters related to revocation of their decision making authority
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February 27, 2025
H264
Provides right to counsel to indigent surrogate decision makers in matters related to revocation of their decision making authority
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April 18, 2025
H1809
The court shall appoint counsel to represent decedent's homestead where an additional stay of a creditor's foreclosure action was denied
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February 27, 2025
S155
Provides right to counsel to indigent surrogate decision makers in matters related to revocation of their decision making authority
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Doesn't Affect
Sexually Dangerous Persons - Registration/Notification
Legislation
June 11, 2025
H1783
Revokes the right to counsel for persons alleged to be sexually dangerous in classification/registration matters
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Categorical
Termination of Parental Rights (Private) - Birth Parents
Litigation
Key Development
January 3, 2012
Constitution requires counsel for parents in adoptions, MA high court rules
The Supreme Judicial Court of Massachusetts found a state due process right to counsel for indigent parents in private adoption cases.
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Categorical
Termination of Parental Rights (Private) - Children
Litigation
Key Development
November 16, 2012
Constitution requires counsel for children in adoptions, MA high court rules
The Supreme Judicial Court of Massachusetts found a state due process right to counsel for children in private adoption cases.
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Categorical
Abuse/Neglect/Dependency - Accused Parents
Categorical
Abuse/Neglect/Dependency - Children
Qualified
Adult Protective Proceedings - Protected Person
Discretionary
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Categorical
Civil Commitment
Qualified
Custody Disputes - Children
Qualified
Custody Disputes - Parents
Discretionary
Divorce
Qualified
Guardianship/Conservatorship of Adults - Protected Person
Categorical
Guardianship/Conservatorship of Children - Parent or Guardian
Qualified
Housing - Evictions
Categorical
Incarceration for Fees/Fines (incomplete)
Categorical
Involuntary Medical Treatment (incomplete)
Qualified
Other subject area
Discretionary
Parentage - Defendant/Respondent
Discretionary
Parentage - Petitioner or Child
Qualified
Quarantine/Isolation
Qualified
Sexually Dangerous Persons - Commitment
Categorical
Sexually Dangerous Persons - Registration/Notification
Categorical
Termination of Parental Rights (Private) - Birth Parents
Categorical
Termination of Parental Rights (Private) - Children
Categorical
Termination of Parental Rights (State) - Birth Parents
Categorical
Termination of Parental Rights (State) - Children
Categorical