Alabama

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Color Key Explanation
Categorical Right To Counsel There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding This state has no law creating a judicial proceeding of this type.
No Authorization, But Relevant Materials While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

A statute requires the court to appoint counsel for indigent respondent parents in dependency cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

Right to counsel

A federal court found a federal due process right to counsel for indigent respondent parents in Alabama dependency proceedings in Roe v. Conn.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to an attorney ad litem in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Adult Protective Proceedings - Protected Person (incomplete)

Legislation

Key_development Question_mark

Right to guardian ad litem

03/09/2023

An adult subject of protective services proceeding has the right to a GAL, but it is unclear whether GAL must be an attorney.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

Key_development Question_mark

Right to counsel

A court must appoint a best interests attorney for a minor seeking to bypass parental consent for an abortion.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Civil Contempt in Family Court

Legislation

Key_development Question_mark

Right to counsel

A statute requires that the court appoint counsel for an indigent defendant in civil contempt cases based on failure to pay child support.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Litigation

Key_development Question_mark

Right to counsel

The Alabama Court of Civil Appeals extended a case finding a right to counsel in criminal contempt cases to civil contempt.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Civil Commitment

Legislation

Key_development Question_mark

Right to counsel

A statute requires court to appoint counsel for certain respondents and petitioners in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

Right to counsel

A federal court held that people in Alabama being civilly committed have a federal constitutional right to counsel.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Forfeiture (incomplete)

Report

Another report calls for right to counsel in fees/fines cases

10/10/2018

A report from Alabama Appleseed urges the state to provide counsel at all postconviction proceedings related to court debt.

Read more about this

Custody Disputes - Children

Litigation

Key_development Question_mark

Discretionary appointment of GAL

Courts seem to have the authority to appoint a GAL attorney for children in custody disputes, but the source of authority is unclear.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Guardianship/Conservatorship of Children - Child (incomplete)

Legislation

Key_development Question_mark

Discretionary appointment of counsel

Minors may have the right to an attorney in matters related to conservatorships or other protective orders.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key_development Question_mark

Right to counsel

A statute requires a court to appoint an attorney ad litem for the subject of a guardianship, conservatorship, or other protective order matter.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Incarceration for Fees/Fines (incomplete)

Litigation

Key_development Question_mark

Alabama fed court settlement establishes RTC in ability-to-pay cases

11/17/2014

A federal district court approved a settlement requiring counsel for indigent debtors at ability-to-pay hearings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Key_development Question_mark

Right to counsel

The Alabama Court of Civil Appeals extended a case finding a right to counsel in criminal contempt cases to civil contempt.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Involuntary Medical Treatment (incomplete)

Legislation

Key_development Question_mark

Right to Counsel

Indigent respondents in involuntary medical treatment matters have the right to an attorney.

Appointment of Counsel: categorical Qualified: no

Read more about this

Paternity - Defendant/Respondent

Legislation

Key_development Question_mark

Right to counsel

A statute may provide a right to counsel for indigent fathers in paternity cases.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Right to a guardian ad litem

A child named as a party to a parentage action is entitled to a GAL, but it is not clear whether the GAL must be an attorney.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Quarantine/Isolation

Legislation

Key_development Question_mark

Right to Counsel

There is a right to counsel for a person subject to commitment to the custody of the Dept. of Public Health, not broader quarantine orders.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Sterilization

Litigation

Sterilization forbidden without statutory authorization

The Alabama Supreme Court has has held courts do not have power to order sterilization absent statutory authority.

Read more about this

Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Right to attorney ad litem

04/18/2023

Minor and adult adoptees in contested adoption matters have the right to a GAL, but it is unclear whether the GAL must be an attorney.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

Courts must appoint an attorney ad litem for children in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to GAL who is likely an attorney

Certain minor or incompetent parents have the right to a GAL in adoptions, and indigent adoption petitioners may be appointed counsel.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

A statute requires appointed counsel for indigent respondent parents in termination cases, and permits appointment for indigent petitioners.

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

Right to counsel

The Alabama Court of Civil Appeals held the state constitution's due process clause requires counsel for parents in termination cases.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Truancy - Petition Against Child

Legislation

Key_development Question_mark

Right to counsel

Children have a right to counsel in truancy proceedings only when they face placement in an institution; otherwise appointment is discretionary.

Appointment of Counsel: categorical Qualified: yes

Read more about this

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