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
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.
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.
