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 for the proposed ward in a guardianship proceeding, but only upon request, and the attorney's role is unclear.
Utah applies different RTC standards for certain guardianships / conservatorships
Individuals in some guardianship and conservatorship matters may be entitled to counsel.
Right to attorney GAL
Children have the right to an attorney-GAL in abuse and termination of parental rights cases.
Discretionary appointment – “Convicts,” minors, or “incompetent persons”
Courts must appoint an attorney-GAL for an infant, incompetent person, or convict.
Right to counsel
There is a right to counsel for indigent persons for various types of civil commitment proceedings.
Discretionary appointment of counsel
The WI Supreme Court held that courts must make a case-by case determination of whether to appoint counsel in abuse/neglect cases.
Discretionary appointment of counsel
A court may appoint counsel for the victim in a few DV scenarios.
Right to counsel – Child Requiring Assistance proceedings
Parents are entitled to counsel in Child Requiring Assistance (CRA) cases in certain circumstances.
Right to counsel – Challenge of any confinement
There is a right to counsel in habeas proceedings to challenge any kind of confinement.
Right to counsel
Children in termination of parental rights proceedings must be appointed an attorney GAL, while Indian children have a right to counsel.
Right to attorney guardian ad litem
A court must appoint counsel for the child in certain custody cases and may appoint counsel in others.
