Major developments

 

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.

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New Louisiana law requires counsel for fines/fees cases

06/21/2017

A bill passed in 2017 requires the court to appoint counsel when a defendant is held in contempt for failure to comply with a repayment plan.

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Legislation: debt collection proceedings

06/21/2017

This bill would have, among other things, required appointment of counsel for contempt proceedings related to debt collection.

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New NY law requires appointment of counsel for minors seeking to marry

06/20/2017

A bill passed in 2017 requires a court to appoint counsel for a seventeen year old seeking judicial permission to marry.

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Legislation: guardianships of adults with developmental disabilities

06/13/2017

NY bills would establish a right to counsel for adults with developmental disabilities in guardianship proceedings.

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Nevada Legislature rewrites guardianship law to strengthen right to counsel

06/05/2017

The Nevada Legislature strengthened the right to counsel for protected persons in guardianship cases in several ways.

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NH Legislature moves to require counsel prior to fees/fines incarceration

06/02/2017

The NH Legislature enacted a bill in 2017 that requires appointment of counsel prior to incarceration for failure to pay criminal fees/fines.

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Minnesota passes bill strengthening child's right to counsel in abuse/neglect cases

06/01/2017

A 2017 bill strengthened the right to appointed counsel for Minnesota children 10 and over in abuse/neglect cases.

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Minnesota passes bill strengthening child's right to counsel in termination cases

06/01/2017

A 2017 bill strengthened the right to appointed counsel for Minnesota children 10 and over in termination of parental rights cases.

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New Nevada law guarantees counsel for children in abuse/neglect proceedings

05/31/2017

A court must appoint counsel for a child in an abuse/neglect proceeding.

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New Nevada law guarantees counsel for children in termination proceedings

05/31/2017

A court must appoint counsel for a child in a state-initiated termination proceeding, and may appoint in a private termination.

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Legislation: extended foster care

05/24/2017

These bills would require appointed counsel for foster children who avail themselves of voluntary extended services.

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Legislation: child in conservatorship proceedings

05/21/2017

This bill would have required an attorney ad litem for a child in conservatorships to continue as long as the child remains in conservatorship.

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New South Carolina law requires separate counsel in guardianship proceedings

05/16/2017

A 2017 law requires appointment of counsel and a guardian ad litem in guardianship cases, rather than counsel acting as a GAL.

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Right to counsel - challenging quality of sex offender treatment

05/12/2017

A Kansas appellate court found a due process and equal protection right to counsel for Kansas Sexual Predator Treatment Program concerns.

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MA Supreme Court: indigent guardians may be appointed counsel

04/13/2017

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.

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Legislation: civil forfeiture

04/12/2017

A bill would provide a right to counsel for certain owners in civil forfeiture proceedings.

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NY to provide counsel for all detained immigrants facing deportation

04/10/2017

In a groundbreaking step, New York will be providing counsel to all detained immigrants facing removal.

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Legislation: civil forfeiture

04/06/2017

These bills would permit a court to appoint counsel for a third party intervening in a civil forfeiture action.

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Iowa enacts law separating GAL and attorney roles for children in custody cases

04/05/2017

A new law separates the role of guardian ad litem and attorney for children in custody cases.

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Legislation: civil forfeiture

04/05/2017

A pending Delaware bill would eliminate civil forfeiture and require appointment of counsel in criminal forfeiture proceedings.

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Arkansas parents entitled to counsel at emergency child welfare hearing

04/04/2017

A bill passed in 2017 requires parents to be appointed counsel at an emergency ex parte dependency hearing.

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Bipartisan call for legislative right to counsel in civil forfeiture cases continues to grow

03/31/2017

Calls to reform civil forfeiture proceedings have come from all sides of the aisle, with legislation filed at the federal and state level.

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PA Supreme Court: children have right to counsel in termination proceedings

03/28/2017

The PA Supreme Court held that children have a right to the appointment of client-directed counsel in termination proceedings.

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New Utah law guarantees counsel for criminal debt collection

03/23/2017

A 2017 law organizes all collection of criminal debt into contempt proceedings and requires the appointment of counsel.

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Legislation: civil forfeiture

03/21/2017

Several bills would have provided a right to counsel for all or certain forfeiture proceedings.

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Legislation: children in dependency cases

03/21/2017

This bill would have required appointment of counsel for a child in child protective proceedings who is living with a relative.

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Everything about the Philly City Council resolution for housing right to counsel hearings

03/20/2017

The Philadelphia City Council passed a resolution authorizing hearings on solving landlord/tenant issues, including looking at right to counsel.

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Alaska Supreme Court: some custody cases might require counsel

03/17/2017

The Supreme Court of Alaska held that due process may require the appointment of counsel in a private custody proceeding.

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Articles, studies make case for right to counsel in debt cases

03/02/2017

Two new articles in the Harvard Law & Policy Review support the right to counsel in debt cases.

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Legislation: parents in private adoptions

03/01/2017

This bill would provide a right to counsel for parents in private adoption cases, codifying a NJ Supreme Court ruling.

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