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 – Service by publication
If a defendant is served by publication and does not appear, the court shall appoint counsel to defend the suit on defendant's behalf.
No such proceeding
A court may only appoint a guardian for a minor if the parent's rights have been terminated, suspended, or limited by prior court order.
Discretionary appointment of counsel
The court may appoint counsel for a minor in a guardianship or conservatorship matter. The attorney likely serves in a best interest role.
Right to counsel
There is a right to counsel for adults and most children in involuntary treatment proceedings.
No such proceeding – Guardianship (Plenary)
The court may appoint a plenary guardian of a minor if both parents are deceased or if all parental rights have been terminated by court order.
Right to counsel – Temporary and emergency conservatorships
The court must appoint counsel for minors in emergency and temporary conservatorship cases and seemingly may appoint in other matters.
No such proceeding
An adult with capacity must consent to protective services, but the department may pursue other legal matters on the adult's behalf.
No such proceeding
Adult protective services can only be provided consensually through the applicable code.
Right to attorney ad litem
An adult respondent has the right to an attorney ad litem if the department pursues an emergency order authorizing protective services.
No such proceeding / No right to counsel
The court may only appoint a guardian if the parent consents or if the parent's rights have been severed or suspended by prior court order.
No right to counsel
The appellate court found no statutory right to counsel for parents whose child the subject of a guardianship matter.
Discretionary appointment for child
The court may appoint either best interest or client-directed counsel for a child in a parentage matter.
