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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Michigan

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

Abuse/Neglect/Dependency - Accused 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).
Right to counsel
There is a right to counsel for indigent parents in abuse and termination of parental rights proceedings upon request.
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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.

Court Rule or Initiative

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).
January 1, 2011
Michigan Supreme Court clarifies right to counsel for adults
The Michigan Supreme Court clarified that the right to counsel for parents in child protective proceedings includes the preliminary hearing.
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Appointment of Counsel:  Doesn't Affect
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.
Doesn't Affect

Civil Commitment

Litigation

July 29, 2022
Michigan court: effective assistance of counsel needed for civil commitments
A Michigan Court of Appeals held that respondents in Michigan civil commitment proceedings are entitled to effective assistance of counsel.
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Appointment of Counsel:  Doesn't Affect
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.
Doesn't Affect

Guardianship/Conservatorship of Adults - Protected Person

Legislation

February 21, 2024
HB4416
Expanding RTC for adult respondents in standby guardianship matters
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Appointment of Counsel:  Doesn't Affect
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.
November 26, 2024
HB4911
Provides right to guardian ad litem for adults subject to petitions for emergency guardianship
Read More
Appointment of Counsel:  Doesn't Affect
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.
Doesn't Affect

Housing - Evictions

Legislation

October 26, 2023
HB5237
Requires district court to establish a program to provide legal representation to income eligible tenants in eviction matters and brief services to certain landlords
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Appointment of Counsel:  Doesn't Affect
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.
May 16, 2023
SB0189
Appropriates $5 million to be provided as grants to local communities that have adopted eviction RTC ordinances
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Appointment of Counsel:  Doesn't Affect
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.
May 13, 2025
SB0179
Appropriating $1.5 million to "a city that has established a tenant [RTC] program to implement a [RTC] program for city tenants..."
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Appointment of Counsel:  Doesn't Affect
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.

Report

May 8, 2020
Michigan report calls for eviction right to counsel
A Michigan report outlines the state's high eviction filing rate as well as the representational imbalance between tenants and landlords.
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Appointment of Counsel:  Doesn't Affect
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.

Miscellaneous

April 1, 2025
All about Detroit's tenant right to counsel
In May 2022, Detroit became the latest city to enact a right to counsel for tenants facing eviction.
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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.
NCCRC Coordinator John Pollock participated in the panel discussion and the NCCRC advised advocates and policymakers throughout the process.

Qualified

Termination of Parental Rights (State) - Birth Parents

Litigation

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).
Right to counsel
A plurality of the MI Supreme Court found a state due process right to counsel for indigent parents in termination of parental rights cases.
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.
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 12, 2009
Michigan Supreme Court dodges case on right to counsel in termination cases
The Michigan Supreme Court declined to review a case where the trial court failed to appoint counsel for a parent in a termination case.
Read More
Appointment of Counsel:  Doesn't Affect
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.
NCCRC filed a supportive amicus brief in the case.

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).
Right to counsel
There is a right to counsel for indigent parents in abuse and termination of parental rights proceedings upon request.
Read More
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.
Other

Abuse/Neglect/Dependency - Accused Parents

Qualified

Abuse/Neglect/Dependency - Children

No Such Proceeding

Adult Protective Proceedings - Protected Person

Discretionary

All Basic Human Needs

Categorical

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

Categorical

Civil Commitment

Qualified

Civil Contempt in Family Court

Discretionary

Custody Disputes - Children

Other

Custody Disputes - Parents

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

No Such Proceeding

Guardianship/Conservatorship of Children - Parent or Guardian

Qualified

Housing - Evictions

Qualified

Involuntary Medical Treatment (incomplete)

Discretionary

Issues Related to Incarcerated People

Discretionary

Other subject area

Qualified

Parentage - Defendant/Respondent

Categorical

Parentage - Petitioner or Child

Qualified

Quarantine/Isolation

No Such Proceeding

Sexually Dangerous Persons - Commitment

Other

Termination of Parental Rights (Private) - Birth Parents

Discretionary

Termination of Parental Rights (Private) - Children

Qualified

Termination of Parental Rights (State) - Birth Parents

Discretionary

Termination of Parental Rights (State) - Children

Categorical

Truancy - Petition Against Child

© 2003-2024 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 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