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.
Vulnerable adult protection orders filed by department
Interested persons or the department may file for a protective order on a vulnerable adult's behalf, but no right to counsel was found.
Right to guardian ad litem
Adults who are the subject of certain protective proceedings are entitled to a GAL, but it is not clear whether the GAL must be an attorney.
No right to counsel located
Protective services can be provided absent consent in some circumstances, but no provisions requiring appointment of counsel or a GAL were found
Right to “qualified and independent assistance”
Intellectually disabled people whose guardians seek to admit them have the right to "qualified and independent assistance."
Presumptive right to counsel – Guardianship context
A district court held that patients who are committed "voluntarily" by their guardian are entitled to a hear challenging their confinement.
Court of Appeals declines to find right to counsel
Though parents have a fundamental right in raising their children, this does not translate into a right to counsel in custody cases.
High court declines to extend right to counsel
In a case from Kentucky's highest court in 1961, the court declined to extend the right to counsel to divorce matters.
Right to counsel – Reinstatement of parental rights
A child who petitions to have their parents' rights reinstated is entitled to counsel.
Right to counsel
Minors and adults subject to involuntary treatment matters have the right to counsel.
No right to counsel
The OK high court found no constitutionally protected right to counsel in divorce cases even where custody/visitation or alimony are at issue.
No right to counsel
The Oklahoma Supreme Court found no constitutionally protected right to counsel in divorce cases even where custody and visitation are at issue.
Discretionary appointment – Proceeding to appoint curator
The court may appoint for alleged "mentally incompetent" persons in cases related to appointment of a curator for public benefits applications.
