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
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.
Appellate court: No due process right to counsel
The appellate court found no due process right to counsel in custody matters, despite fundamental right to parent. A vigorous dissent disagreed.
No right to counsel located – Conservatorship
No right to counsel for objecting parents in private child conservatorship matters was located.
No such proceeding – Guardianship
The court may appoint a guardian if "all parental rights of custody have been terminated or suspended by circumstances or prior court order."
Right to counsel – Private dependency context
Indigent parents have a right to counsel in private guardianships sought due to allegations of dependency.
Discretionary appointment of counsel
The court may appoint counsel for a child in a guardianship establishment matter brought under the domestic relations code.
No such proceeding
Louisiana’s guardianship of children procedure is found only in the state’s “Child in Need of Care” statutes.
No such proceeding
There does not appear to be a procedure through which to compel mental health treatment on an outpatient basis.
Right to counsel – Private dependency context
Indigent parents have a right to counsel in private guardianships sought due to allegations of dependency.
