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.
Legislation (dead): civil forfeiture
This bill would have required a criminal conviction prior to forfeiture, and authorized the PD's office to represent an individual.
Utah high court: some parents have right to counsel in private termination cases
The Supreme Court of Utah held that parents may be constitutionally entitled to counsel in private termination of rights cases.
MA Senate Committee, Trial Court reports flag right to counsel issues in fees/fines cases
Reports from a MA Senate Committee and MA Trial Court Working Group call for a right to counsel in fees/fines cases.
NY court: wards have constitutional right to counsel in Art. 17-A guardianship proceedings
A NY Surrogate's Court held that proposed wards have a constitutional right to counsel in Article 17-A guardianship cases.
Delaware grants right to counsel for children
A law passed in 2016 requires the court to appoint an attorney for a child to act as guardian ad litem in abuse and termination cases.
California Legislature calls for fed gov’t to ensure counsel for children in immigration cases
SJR 28, passed by the California Assembly, urges the federal government to guarantee counsel for children in immigration cases.
Report: Whether Washington kids get counsel depends on where they live
A report examines the situation in Washington State as to when children are appointed counsel in child welfare cases.
“100% Access to Justice” Initiative launched, includes civil right to counsel
A new "Justice for All Initiative" launched by national court leaders includes civil right to counsel as part of the plan.
NJ Supreme Court recognizes right to counsel for parents in adoption cases
The Supreme Court of New Jersey held there is a right to counsel for parents in adoption cases under the NJ Constitution's Due Process Clause.
MA high court: parents have right to counsel in private child guardianship establishment and modification proceedings
The Supreme Judicial Court of MA held there is a constitutional right to counsel in proceedings to establish or modify a child guardianship.
Presumptive appointment for criminal defendants & Discretionary appointment for claimants
Criminal defendants have a presumptive right to counsel in forfeiture cases, while appointment is discretionary for claimants.
Housing Not Handcuffs campaign kicks off, features right to counsel
A new campaign to end the criminalization of homelessness features right to counsel in housing cases as a major policy platform.
