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.

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.

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 counsel in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

A statute requires counsel for indigent minors seeking judicial bypass of parental consent for abortion.

Appointment of Counsel: categorical Qualified: no

Read more about this

Child Support Enforcement (Civil Contempt)

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 - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: no

Read more about this

Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

A statute requires a court to appoint counsel for the subject of a guardianship proceeding.

Appointment of Counsel: categorical Qualified: no

Read more about this

Discretionary appointment of counsel

A statute permits a court to appoint counsel for a minor if the minor's interests are not adequately represented.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Key_development Question_mark

Right to counsel

Unless respondent has counsel, "the court shall appoint an attorney ... who may be granted the powers and duties of a guardian ad litem.”

Appointment of Counsel: categorical Qualified: no

Read more about this

Incarceration for Fees/Fines (incomplete)

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

Paternity - Defendant/Respondent

Legislation

Key_development Question_mark

Right to counsel

A statute requires the court to determine if the defendant in paternity cases wants counsel and then appoint if the defendant is indigent.

Appointment of Counsel: categorical Qualified: no

Read more about this

Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

Courts must appoint counsel for children in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: no

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 petitioners.

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: no

Read more about this

Other Subject Areas

Litigation

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

Go back to Status Map