CT Clarifies RTC for Children in Protective Proceedings
The Connecticut Legislature passed a bill (HB6422) requiring that the court appoint a child-directed attorney in all child protection proceedings (as opposed to an attorney acting as both attorney and GAL), and specifies a separate GAL can only be appointed only upon request of the child's counsel where it becomes apparent that the child cannot act in his/her own best interests and where the child's wishes would cause harm to the child.
CA Pilot Project Is Now Law
California Assembly Bill 590, which will create pilot projects to appoint counsel for low-income Californians in cases affecting basic human
needs, was signed into law by Gov. Arnold Schwarzenegger in the wee hours of the morning on Oct. 12. Check out our Pilots page to learn more about it.
New York City Bill Would Provide Counsel for Seniors Facing Eviction
In New York City a bill is pending before the City Council that would guarantee counsel for low-income seniors threatened with loss of their homes due to eviction or foreclosure proceedings. To be eligible, the senior must be 62 years old or older and have a disposable household income of no more than $27,000. More than 20 city council members, a veto-proof majority, joined as sponsors. For video of an energetic press conference and rally held when the ordinance was introduced,
click here. For press coverage of the ordinance, see this site.
California Model Statute Task Force
The California Model Statute Task Force was established by the California Access to Justice Commission in 2004. The Task Force was charged with considering the questions that would arise in legislatively granting a right to counsel in civil cases. The Task Force has now drafted two versions of such a model statute. The State Equal Justice Act, distributed in November 2006, is a model statute implementing an across the board right to counsel in civil cases with only narrow exceptions.
The State Basic Access Act, distributed in March 2008, is a model for a narrower right to counsel which attaches only to certain high priority basic needs, defined in the Act as shelter, sustenance, safety, health, and child custody.
In each case, the Task Force's mission was to think through the numerous questions involved in implementing a right to counsel, including scope of the right, eligibility criteria and issues, service delivery system, and administration of the new right.
This draft represents the group's resolution of these and other issues and is intended as a starting point for use in any state considering implementation or expansion of a statutory right to counsel. The composition and work of the Task Force is described in some detail in The California Model Statute Task Force, Clare Pastore, Clearinghouse Review, July-August 2006. For more information contact Clare Pastore.