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.
No due process right to counsel
The Court of Appeal of Louisiana, First Circuit found no due process right to counsel for incarcerated respondent father in an adoption matter.
No right to counsel
The Court of Appeal of Louisiana, Second Circuit has found no right to counsel for a parentage defendant.
Right to counsel
A series of dated cases suggest counsel is required in guardianship matters, though the basis for the holdings is not clear.
No right to counsel – Voluntary relinquishments
The Louisiana Supreme Court has held that there is no constitutional right to counsel in voluntary relinquishment matters.
Right to counsel – Persons under disability with no one to defend
The court shall appoint an attorney for a person with disabilities, if they do not have a guardian or other fiduciary who can defend the action.
Discretionary appointment
The court may appoint counsel for a person whose identity or present whereabouts is unknown and who is entitled to share in the estate.
Discretionary appointment
The court may appoint counsel for a minor subject to a guardianship or conservatorship petition.
Right to counsel
There is a right to counsel, at least in civil contempt matters where incarceration is sought and where probationers are detained.
Right to counsel for certain parents
In guardianship cases, the court shall appoint counsel for a parent who is incapable of participating due to a disability or for a minor parent.
Due process owed parents is less than in other contexts
The Court of Special Appeals has held that parents are owed fewer due process rights in CINA matters than litigants in other contexts.
No due process right to counsel
Maryland's appellate court has found that there is generally no due process right to counsel in divorce matters.
