Right to counsel

Key_development Question_mark

Litigation, Child Support Enforcement (Civil Contempt)

in Allen v. Sheriff of Lancaster County, 511 N.W.2d 125 (Neb. 1994), the court stated that it had decided in Carroll v. Moore, 423 N.W.2d 757, 766-67 (Neb. 1988) that "under the U.S. Constitution, an indigent litigant has a right to appointed counsel when, as a result of the litigation, he may be deprived of his physical liberty."  Thus, the Allen court held there was a right to counsel in civil contempt proceedings. Because of the reliance on physical liberty and the 14th Amendment, this decision is under some question after the U.S. Supreme Court's decision in Turner v. Rogers.

Appointment of Counsel: categorical Qualified: yes