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Vermont

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.

Doesn't Affect

Housing - Evictions

Legislation

February 26, 2025

H0399

Provides right to court appointed counsel for indigent tenants in evictions

Appointment of Counsel: Doesn't Affect

Qualified: No

February 26, 2025

S0091

Provides right to court appointed counsel for indigent tenants in evictions

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Immigration

Legislation

January 3, 2018

Vermont bill would establish right to counsel for immigration matters

A bill would require the appointment of counsel for immigrants in various kinds of immigration proceedings.

Appointment of Counsel: Doesn't Affect

Qualified: No

Categorical

Incarceration for Fees/Fines (incomplete)

Litigation

Key Development

November 1, 2018

Vermont Supreme Court affirms right to counsel in contempt proceedings

The Vermont Supreme Court re-affirmed the right to counsel in contempt proceedings involving incarceration.

Appointment of Counsel: Yes

Qualified: No

Discretionary

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Discretionary appointment of counsel

Counsel may be appointed for indigent parents in abuse/neglect proceedings.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

There is a right to counsel for children in abuse and termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: No

Qualified

Adult Protective Proceedings - Protected Person

Legislation

Key Development

Discretionary appointment of GAL

The court may appoint a GAL for adults in certain protective matters, but it is not clear whether GAL must be an attorney.

Appointment of Counsel: Discretionary

Qualified: Yes

No Such Proceeding

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

Legislation

No such proceeding

There is no requirement that a minor obtain parental input prior to having an abortion.

Appointment of Counsel: No Such Proceeding

Qualified: No

Categorical

Civil Commitment

Legislation

Key Development

Right to counsel

There is a right to counsel for individuals in civil commitment due to mental health or intellectual disability.

Appointment of Counsel: Yes

Qualified: No

Categorical

Civil Contempt in Family Court

Litigation

Key Development

Right to counsel

The Vermont Supreme Court has recognized a constitutional right to counsel in civil contempt proceedings.

Appointment of Counsel: Yes

Qualified: No

Discretionary

Custody Disputes - Children

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for a minor in a divorce proceeding regarding custody and support.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Guardianship/Conservatorship of Adults - Protected Person

Court Rule or Initiative

Key Development

Right to counsel

A court rule provides a right to counsel for respondents in guardianships due to intellectual disability or mental health.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

There is a right to counsel for the indigent subject of a guardianship proceeding.

Appointment of Counsel: Yes

Qualified: No

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

Legislation

Key Development

Right to counsel for child called as witness

The court must appoint counsel for children called as a witness and may appoint counsel for other children.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Incarceration for Fees/Fines (incomplete)

Litigation

Key Development

November 1, 2018

Vermont Supreme Court affirms right to counsel in contempt proceedings

The Vermont Supreme Court re-affirmed the right to counsel in contempt proceedings involving incarceration.

Appointment of Counsel: Yes

Qualified: No

Key Development

Right to counsel

The Vermont Supreme Court found a federal constitutional right to counsel in civil contempt proceedings.

Appointment of Counsel: Yes

Qualified: No

Categorical

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to Counsel

There is a right to counsel for those subjected to involuntary treatment applications.

Appointment of Counsel: Yes

Qualified: No

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

Categorical

Sterilization

Legislation

Key Development

Right to counsel

There is a right to counsel for the indigent intellectually disabled subject of a sterilization proceeding.

Appointment of Counsel: Yes

Qualified: No

Categorical

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development

Right to counsel

Indigent parents have a right to counsel in termination proceedings under the Adoption Act.

Appointment of Counsel: Yes

Qualified: No

Categorical

Termination of Parental Rights (Private) - Children

Legislation

Key Development

Right to counsel

Children have a right to counsel in termination proceedings under the Adoption Act.

Appointment of Counsel: Yes

Qualified: No

Discretionary

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development

Discretionary appointment of counsel

Counsel for indigent parents in termination cases is on a case-by-case basis, but counsel is appointed routinely.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to counsel

There is a right to counsel for children in abuse and termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: No

Categorical

Truancy - Petition Against Child

Legislation

Key Development

Right to counsel

Vermont children have a right to counsel in truancy proceedings (which are treated as "child in need of care or 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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