Civil RTC News
This page lists all of the most recent developments on civil right to counsel across the country. These could be newly created rights to counsel, significant publications, public events, advocacy efforts, or other things that don’t fit into a neat category.
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.
Discretionary appointment – Mental health evaluation
Indigent parents may be appointed counsel in matters related to mental health evaluations in the abuse/neglect context.
Discretionary appointment of counsel
The court may appoint counsel for the petitioner of a civil protection order.
Right to attorney ad litem
Children in private termination proceedings have a right to an attorney ad litem. The court may also appoint a CASA or client-directed counsel.
Discretionary appointment of counsel
Court Rule 206, which has been found applicable in private guardianship matters, provides that the court may appoint counsel for parents.
Right to attorney ad litem
Court Rule 207, which has been found applicable in private guardianship matters, provides that the court may appoint an attorney ad litem.
Discretionary appointment of counsel
The Del. Supreme Court has suggested that due process requires a case-by-case determination for appointment of counsel in guardianship cases.
Discretionary appointment of counsel
The court may appoint counsel for an indigent prisoner in a civil case if the State hasn't afforded "meaningful access" to the courts otherwise.
Discretionary appointment of guardian ad litem for child
The court may appoint a guardian ad litem for a child in a Title IV-D case but it is not clear whether the GAL must be an attorney.
Right to GAL for certain unrepresented defendants
A court cannot enter a judgment against unrepresented minors or certain others, such that a GAL may be required but the GAL need not be counsel.
Right to GAL for certain unrepresented defendant parents
A rule may function to provide certain categories of parents with a GAL even in voluntary adoptions, but the GAL may or may not be an attorney.
Discretionary appointment of attorney GAL – Surrendered newborn
The court may appoint an attorney GAL for a surrendered newborn in regards to custody petitions filed by the child's parent.
