Right to counsel

Key_development Question_mark

Legislation, Civil Forfeiture

18 USC 983(b) states:

 

(1)(A) If a person with standing to contest the forfeiture of property in a judicial civil forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel, and the person is represented by counsel appointed under section 3006A of this title in connection with a related criminal case, the court may authorize counsel to represent that person with respect to the claim.

 

(B) In determining whether to authorize counsel to represent a person under subparagraph (A), the court shall take into account such factors as-- (i) the person's standing to contest the forfeiture; and

(ii) whether the claim appears to be made in good faith.

 

(2)(A) If a person with standing to contest the forfeiture of property in a judicial civil forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel, and the property subject to forfeiture is real property that is being used by the person as a primary residence, the court, at the request of the person, shall insure that the person is represented by an attorney for the Legal Services Corporation with respect to the claim.

Appointment of Counsel: categorical Qualified: yes