Federal

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

Federal law requires the appointment of counsel for Indian parents in state abuse/neglect and termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: yes

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Miscellaneous

Federal agency: all parents/children should be represented in child welfare cases

01/17/2017

DHHS' Administration for Children and Families has issued a memo calling for counsel for all parents/children in child welfare cases.

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Federal legislation requires states to appoint either a court-appointed special advocate or attorney for children in child welfare cases.

Appointment of Counsel: categorical Qualified: yes

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All Basic Human Needs

Legislation

Discretionary appointment of counsel

A federal court may "appoint" counsel in any federal civil case, although the attorney has to be willing to serve.

Appointment of Counsel: discretionary Qualified: no

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Key_development Question_mark

Right to counsel

several provisions of the Serviceman Relief Act provide counsel in certain situations to those in active duty who do not or cannot appear.

Appointment of Counsel: categorical Qualified: yes

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Litigation

Fed judge laments lack of right to counsel, recuses himself for helping pro se litigant

01/15/2015

A federal judge felt he had to recuse himself after helping a pro se litigant, and pointed to the lack of a right to counsel as the problem.

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Report

Other countries to U.S.: provide counsel in civil proceedings

05/15/2015

During a periodic review of the U.S. by the U.N. Human Rights Council, countries urged the U.S. to provide counsel in certain civil cases.

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U.S. hears from advocates on access to justice and CRTC

04/01/2014

An April 2014 meeting between U.S. representatives and access to justice advocates highlighted many issues, including civil right to counsel.

 

Nccrc_involvement_icon NCCRC testified at the hearing about civil right to counsel.

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U.N. Human Rights Committee urges U.S. to provide counsel for DV, immigration

03/27/2014

The U.N. Human Rights Committee gave recommendations to the U.S. as to the ICCPR treaty, and urged the provision of counsel in some cases.

 

Nccrc_involvement_icon The NCCRC contributed to a shadow report about U.S. obligations under the ICCPR.

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Child Support Enforcement (Civil Contempt)

Miscellaneous

Fed gov't agencies warn state courts about right to counsel obligations

03/21/2016

The Department of Justice and Office of Child Support Enforcement have reminded state courts about the right to counsel for some civil matters.

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

Federal statutory law requires the appointment of counsel for indigent defendants in federal civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Civil Forfeiture

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel in federal civil forfeiture cases involving a defendant's home, and the court may appoint counsel in other cases.

Appointment of Counsel: categorical Qualified: yes

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Employment Discrimination

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel in a federal employment discrimination case.

Appointment of Counsel: discretionary Qualified: no

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Housing - Discrimination

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A federal court may appoint counsel in a discrimination case under the Fair Housing Act.

Appointment of Counsel: discretionary Qualified: no

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Immigration

Legislation

Fed legislation would require immigration counsel for children, vulnerable adults

02/11/2017

A federal bill would require counsel for unaccompanied minors and vulnerable adults in immigration proceedings.

 

Nccrc_involvement_icon The NCCRC has provided support to some who have testified on some of these bills.

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Key_development Question_mark

Right to counsel

Federal law requires the government to work to secure counsel for unaccompanied minors in immigration proceedings.

Appointment of Counsel: categorical Qualified: yes

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Litigation

All about the federal case involving the right to counsel for immigrant children

06/24/2016

A class action filed in federal court seeks a constitutional right to counsel for all immigrant children in deportation proceedings.

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Key_development Question_mark

Detainees with mental disabilities have right to assistance, says federal court; deportees may return

04/23/2013

A federal district court held that detainees with mental disabilities have the right to assistance in their immigration removal cases.

Appointment of Counsel: categorical Qualified: yes

 

Nccrc_involvement_icon NCCRC provided some research assistance to counsel for the plaintiffs.

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Report

UN body calls for right to counsel in U.S. immigration cases

05/24/2016

The U.N. Committee to End Racial Discrimination (CERD) has called on the U.S. to guarantee counsel in immigration cases.

 

Nccrc_involvement_icon The NCCRC has collaborated on advocacy reports to CERD urging such a right to counsel.

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Study: detained immigrants 5.5x more likely to prevail with lawyer

12/01/2015

A comprehensive study concluded that detained immigrants are 5.5 times more likely to avoid removal if they have a lawyer.

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Miscellaneous

Key_development Question_mark

DOJ implements nationwide program for counsel for detainees with mental disabilities

04/24/2013

In the wake of successful litigation, DOJ announced it would provide legal help to all immigrants with mental disabilities.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Federal law requires the appointment of counsel for Indian parents in state abuse/neglect and termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

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