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.
NH Legislature moves to require counsel prior to fees/fines incarceration
The NH Legislature enacted a bill in 2017 that requires appointment of counsel prior to incarceration for failure to pay criminal fees/fines.
Minnesota passes bill strengthening child’s right to counsel
A 2017 bill strengthened the right to appointed counsel for Minnesota children 10 and over in abuse and TPR cases.
New South Carolina law requires separate counsel in guardianship proceedings
A 2017 law requires appointment of counsel and a guardian ad litem in guardianship cases, rather than counsel acting as a GAL.
Right to counsel – challenging quality of sex offense treatment or search and seizure
A Kansas appellate court found a due process and equal protection right to counsel for Kansas Sexual Predator Treatment Program concerns.
MA Supreme Court: indigent guardians may be appointed counsel
The MA Supreme Court held a trial court may use its equitable powers to appoint counsel for an indigent guardian in a child guardianship case.
Legislation: civil forfeiture
These bills would have permitted a court to appoint counsel for a third party intervening in a civil forfeiture action.
Iowa enacts law separating GAL and attorney roles for children in custody cases
A 2017 law separates the role of guardian ad litem and attorney for children in custody cases.
Legislation: civil forfeiture
Several bills would have provided a right to counsel for all or certain forfeiture proceedings.
SC Supreme Court: Right to counsel in sex offender commitment cases
The Supreme Court of South Carolina held there is a constitutional right to appointed counsel in sex offender commitment cases.
Right to counsel
The Alaska Supreme Court has held that indigent parents have a state constitutional right to counsel in certain custody proceedings.
New uniform law expands protections in adult guardianship proceedings
An updated uniform act improves the right to counsel for adult wards in guardianship proceedings.
Legislation: higher education proceedings
This bill would require counsel for an indigent higher education student subject to disciplinary proceeding due to allegation of a crime.
