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
A court must arguably appoint counsel for respondents in certain civil commitment proceedings.
Right to counsel – Certain proceedings
The court must appoint counsel for a minor whose guardian or proposed guardian seeks court authority to admit them to a treatment facility.
Right to counsel – Reinstatement of parental rights
A child who petitions to have their parents' rights reinstated is entitled to counsel.
No right to counsel
The appellate courts have generally found no right to counsel in child custody matters.
Right to counsel
There is an arguable constitutional right to counsel in Arizona civil commitment proceedings.
Right to counsel for child called as witness
The court must appoint counsel for children called as a witness and may appoint counsel for other children.
Probable right to counsel absent trial bifurcation
Criminal defendants likely have a right to counsel in matters related to forfeiture of their property, at least if the trial is not bifurcated
Right to counsel for certain minors
The court must appoint counsel for certain minors in plenary cases and may appoint for terminations and modifications.
Right to amicus or ad litem attorney
The court shall appoint either an amicus attorney or attorney ad litem for a minor petitioning for their full or limited emancipation.
No due process right to counsel
The Washington Supreme Court has refused to extend a due process right to counsel to divorce matters involving custody disputes.
Discretionary appointment of attorney ad litem
In parentage cases, the court may appoint an attorney ad litem for a minor child where the child is made a party.
Discretionary appointment of counsel
The court may appoint counsel at any stage if it determines that "the interests of the minor are or may be inadequately represented."
