Arizona

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

Indigent defendant parents have a right to counsel in a variety of abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

A juvenile may have a right to counsel in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: yes

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Litigation

Discretionary appointment of counsel

The Arizona Supreme Court held that due process sometimes requires courts to appoint independent counsel for minors in dependency proceedings.

Appointment of Counsel: discretionary Qualified: no

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Adult Protective Proceedings - Proposed Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel regarding the removal of legal rights of an alleged incapacitated person and placement in protective services.

Appointment of Counsel: categorical Qualified: no

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All Basic Human Needs

Litigation

Key_development Question_mark

Discretionary appointment of counsel

Arizona courts have the inherent power to appoint counsel in any civil case.

Appointment of Counsel: discretionary Qualified: no

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel upon request for minors seeking to bypass the parental consent requirement for an abortion.

Appointment of Counsel: categorical Qualified: no

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Child Support Enforcement (Civil Contempt)

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court can appoint counsel for some contempt matters against parents that relate to minors.

Appointment of Counsel: discretionary Qualified: yes

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

A statute provides a right to counsel for both juveniles and indigent adults in civil commitment cases, including for emergency proceedings.

Appointment of Counsel: categorical Qualified: no

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Key_development Question_mark

Right to counsel

There is a statutory right to counsel for juveniles prior to institutionalization or mental health hospitalization, and for indigent adults.

Appointment of Counsel: categorical Qualified: no

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Civil Forfeiture

Legislation

Legislation: civil forfeiture

01/24/2017

This bill would have required the public defender to be appointed in civil forfeiture proceedings.

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Custody Disputes - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court can appoint counsel for a child in dissolution cases in some situations.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Litigation

Key_development Question_mark

Discretionary appointment of counsel

The Arizona Supreme Court held that due process sometimes requires courts to appoint independent counsel for minors in custody proceedings.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Employment Discrimination

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may, as it deems just, appoint counsel for an employment discrimination plaintiff.

Appointment of Counsel: discretionary Qualified: yes

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

A statute provides a right to counsel to the respondent in guardianship proceedings and proceedings to convert guardianship to inpatient care.

Appointment of Counsel: categorical Qualified: no

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Key_development Question_mark

Right to Counsel

There is a right to counsel for proposed wards in guardianships, conversions of guardianship to inpatient care, or temporary conservatorships.

Appointment of Counsel: categorical Qualified: no

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Housing - Discrimination

Legislation

Key_development Question_mark

Discretionary appointment of counsel for plaintiff or defendant

A statute permits a court to appoint counsel in a housing discrimination case for either the plaintiff or defendant.

Appointment of Counsel: discretionary Qualified: no

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Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for either side in a housing discrimination case.

Appointment of Counsel: discretionary Qualified: no

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Involuntary Medical Treatment

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for those being subjected to involuntary medical treatment.

Appointment of Counsel: categorical Qualified: no

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Quarantine/Inoculation

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel if a person is to be isolated/quarantined due to tuberculosis or during an emergency/war.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Commitment

Legislation

Key_development Question_mark

Right to counsel

The court must appoint counsel for an indigent defendant in a sexually violent person case.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Right to counsel

A statute provides a likely right to counsel for children in adoption proceedings.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

A minor may have a right to counsel in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel in privately initiated termination proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

Some appellate courts have said that there is a due process right to counsel in parental rights severance proceedings.

Appointment of Counsel: categorical Qualified: yes

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Right to counsel

There is likely a constitutional right to counsel for parents in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: yes

Read more about this

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