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Washington D.C.

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.

Qualified

Abuse/Neglect/Dependency - Children

Litigation

Key Development

February 6, 2020

Delinquency right to counsel extends to related DYRS matters

The D.C. Ct. of Appeals held that kids' RTC in delinquency matters applies where the child is in the custody of Dep't of Youth Rehab. Services.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Custody Disputes - Children

Legislation

Key Development

January 10, 2023

Arbitrator may appoint attorney for child

Arbitrator of family law matter may appoint an attorney, GAL, or other representative for a child.

Appointment of Counsel: Discretionary

Qualified: No

Discretionary

Divorce

Legislation

Key Development

January 10, 2023

Arbitrator may appoint attorney for child

Arbitrator of family law matter may appoint an attorney, GAL, or other representative for a child.

Appointment of Counsel: Discretionary

Qualified: No

Doesn't Affect

Housing - Evictions

Legislation

May 2, 2024

All About D.C.'s RTC pilots

The D.C. Council appropriated $4.5 million for housing eviction defense with an eye towards a right to counsel in housing cases.

Appointment of Counsel: Doesn't Affect

Qualified: No

NCCRC worked with the legal aid community and the sponsor on bill drafting.

Qualified

Other subject area

Litigation

Key Development

February 6, 2020

DC court extends child's right to counsel

The D.C. Court of Appeals held delinquent children have a right to counsel in proceedings run by the Dept' of Youth Rehabilitation Services.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC signed on to an amicus brief from the National Juvenile Defender Center.

Qualified

Quarantine/Isolation

Legislation

Key Development

April 23, 2020

Right to Counsel

There is a right to counsel for a person diagnosed as "affected with a communicable disease" who has been detained and petitions for discharge.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Sexually Dangerous Persons - Commitment

Legislation

October 1, 2020

No such proceeding

Though there is a RTC in "sexual psychopath" commitment and related hearings, the Sexual Psychopath Act has been held unconstitutional.

Appointment of Counsel: No Such Proceeding

Qualified: No

No Such Proceeding

Sexually Dangerous Persons - Registration/Notification

Litigation

October 1, 2020

No such proceeding

Though there is a right to counsel in "sexual psychopath" hearings related to registration requirements, the Act has been held unconstitutional.

Appointment of Counsel: No Such Proceeding

Qualified: No

Categorical

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Right to counsel

An indigent parent has a right to counsel at all critical stages of an abuse or termination matter.

Appointment of Counsel: Yes

Qualified: No

Qualified

Abuse/Neglect/Dependency - Children

Litigation

Key Development

February 6, 2020

Delinquency right to counsel extends to related DYRS matters

The D.C. Ct. of Appeals held that kids' RTC in delinquency matters applies where the child is in the custody of Dep't of Youth Rehab. Services.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

Children have a right to an attorney ad litem in abuse and TPR proceedings and the court can appoint client-directed counsel as well.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Adult Protective Proceedings - Protected Person

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent respondents in adult protective proceedings.

Appointment of Counsel: Yes

Qualified: No

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 in all civil commitment proceedings including for changes from outpatient to inpatient mental health treatment.

Appointment of Counsel: Yes

Qualified: No

Qualified

Civil Contempt in Family Court

Litigation

Key Development

Right to counsel

The D.C. high court said a contemnor cannot be incarcerated without first being appointed counsel.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Custody Disputes - Children

Legislation

Key Development

January 10, 2023

Arbitrator may appoint attorney for child

Arbitrator of family law matter may appoint an attorney, GAL, or other representative for a child.

Appointment of Counsel: Discretionary

Qualified: No

Key Development

Discretionary appointment of counsel

A statute allows a judge to appoint counsel for a minor in a third party custody proceeding.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Custody Disputes - Parents

Legislation

Key Development

Discretionary appointment of counsel

A court has discretion to appoint counsel for parents in certain custody proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Divorce

Legislation

Key Development

January 10, 2023

Arbitrator may appoint attorney for child

Arbitrator of family law matter may appoint an attorney, GAL, or other representative for a child.

Appointment of Counsel: Discretionary

Qualified: No

Key Development

Discretionary appointment of counsel

A statute allows for appointment of counsel for the parent or child in a divorce proceeding.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Domestic Violence - Accused Person

Legislation

Key Development

Discretionary appointment of counsel

The court may appoint counsel for protection order respondents who are minors.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Domestic Violence - Alleged Victim

Legislation

Key Development

Discretionary appointment of counsel

The AG may provide assistance to a person who files a domestic violence petition, and the court may appoint counsel for a minor.

Appointment of Counsel: Discretionary

Qualified: Yes

Categorical

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

Right to counsel

There is a right to counsel for the proposed ward in both temporary and permanent guardianships, as well as guardianship review proceedings.

Appointment of Counsel: Yes

Qualified: No

Qualified

Incarceration for Fees/Fines (incomplete)

Litigation

Key Development

Right to counsel

The D.C. high court has said a contemnor cannot be incarcerated without first being appointed counsel.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to Counsel

Individuals against whom involuntary outpatient mental health treatment is sought have the right to counsel regardless of indigency.

Appointment of Counsel: Yes

Qualified: No

Qualified

Other subject area

Litigation

Key Development

February 6, 2020

DC court extends child's right to counsel

The D.C. Court of Appeals held delinquent children have a right to counsel in proceedings run by the Dept' of Youth Rehabilitation Services.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC signed on to an amicus brief from the National Juvenile Defender Center.

Qualified

Quarantine/Isolation

Legislation

Key Development

April 23, 2020

Right to Counsel

There is a right to counsel for a person diagnosed as "affected with a communicable disease" who has been detained and petitions for discharge.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Sexually Dangerous Persons - Commitment

Legislation

October 1, 2020

No such proceeding

Though there is a RTC in "sexual psychopath" commitment and related hearings, the Sexual Psychopath Act has been held unconstitutional.

Appointment of Counsel: No Such Proceeding

Qualified: No

No Such Proceeding

Sexually Dangerous Persons - Registration/Notification

Litigation

October 1, 2020

No such proceeding

Though there is a right to counsel in "sexual psychopath" hearings related to registration requirements, the Act has been held unconstitutional.

Appointment of Counsel: No Such Proceeding

Qualified: No

Categorical

Sterilization

Legislation

Key Development

Right to counsel

A protected person's right to counsel in guardianship matters also applies where their guardian seeks court authority to sterilize the person.

Appointment of Counsel: Yes

Qualified: No

Categorical

Termination of Parental Rights (Private) - Birth Parents

Litigation

Key Development

Right to counsel

Parents have a right to counsel in adoption consent waiver proceedings.

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (Private) - Children

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint a lawyer-GAL for a child in an adoption proceeding.

Appointment of Counsel: Discretionary

Qualified: Yes

Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development

Right to counsel

An indigent parent has a right to counsel at all critical stages of an abuse or termination matter.

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to counsel

Children have a right to an attorney ad litem in abuse and TPR proceedings and the court can appoint client-directed counsel as well.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Truancy - Petition Against Child

Legislation

Key Development

Right to counsel

There is a right to an attorney GAL for children in truancy proceedings, and the court can appoint a separate attorney.

Appointment of Counsel: Yes

Qualified: Yes

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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