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.
Nevada guarantees counsel for Indian children
The court must appoint counsel to represent an Indian child in an abuse/neglect matter where custody is at issue.
Legislature passes discretionary appointment for some kids
In TPR matters brought based on commission of a sex offense resulting in conception of the child, the court may appoint counsel.
Nevada guarantees / strengthens counsel for children in abuse matters
A court must appoint counsel for a child in an abuse/neglect proceeding.
SC enacts law permitting ineffective assistance of counsel challenges to commitment
There is a right to counsel in sexually violent predator commitment matters, and commitment can be challenged based upon ineffective assistance.
CO enacts RTC for parents in due process appeals where parent prevailed below
Parents of students with a disability have the right to counsel in due process appeals where they prevailed below.
Minnesota creates limited statewide tenant right to counsel
A bill enacted in 2023 provides a right to counsel for public housing tenants threatened with eviction for an alleged breach of lease.
Westchester County NY is first county with tenant right to counsel
In May 2023, Westchester County NY became the first county, and 19th jurisdiction, to provide a right to counsel for tenants.
Montana guarantees child-directed counsel for children
A court must appoint counsel for a child in an abuse or termination matter and may assign counsel for appeals.
Right to attorney ad litem for certain payees
The court must appoint an attorney GAL for payees who are minors or appear to "suffer from a mental or cognitive impairment."
Oklahoma strengthens rights for debtors in fees and fines matters
Indigent civil contempt respondents have a right to counsel as do defendants at "willfulness" hearings.
Georgia expands right to counsel to children in deprivation cases who are receiving extended care youth services
Kids have a right to their own counsel due to a 2013 amendment. In 2023, the RTC was extended to kids receiving extended care youth services.
Right to counsel – Extreme risk protection orders
Extreme risk protection order respondents may have the right to counsel under certain circumstances.
