Louisiana

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 parents are entitled to counsel in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

An appellate court found a state and federal due process right to counsel in abuse/neglect cases, although the decision is in some question.

Appointment of Counsel: categorical Qualified: yes

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

A child has a right to counsel in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

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All Basic Human Needs

Litigation

Key_development Question_mark

Discretionary appointment of counsel

The Louisiana Supreme Court has said that trial courts possess the inherent power to appoint counsel in civil cases.

Appointment of Counsel: discretionary Qualified: no

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Benefits - Claimant

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel in a proceeding to have a curator appointed to apply for public assistance for a mentally incompetent person.

Appointment of Counsel: discretionary Qualified: yes

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Child Support Establishment

Litigation

Key_development Question_mark

Right to counsel

One appellate court found a right to counsel in a child support establishment proceeding.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

Adults and children have a right to counsel in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Custody Disputes - Children

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel for a child in certain custody situations, and may appoint counsel in others.

Appointment of Counsel: categorical Qualified: yes

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of an interdiction (guardianship) proceeding, including the modification or termination.

Appointment of Counsel: categorical Qualified: no

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Incarceration for Fees/Fines (incomplete)

Legislation

Key_development Question_mark

New Louisiana law requires counsel for fines/fees cases

06/21/2017

A bill passed in 2017 requires the court to appoint counsel when a defendant is held in contempt for failure to comply with a repayment plan.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to counsel in intrafamily adoptions.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

A child has a right to counsel in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Discretionary appointment of counsel

Parents are entitled to counsel in some adoption circumstances and may be provided counsel in others.

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

Indigent parents are entitled to counsel in termination of parental rights proceedings, including potentially the appeal.

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

Right to counsel

An appellate court found a state and federal due process right to counsel in termination cases, although the decision is in some question.

Appointment of Counsel: categorical Qualified: yes

Read more about this

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