Minnesota

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

Minnesota strengthens right to counsel for Indian custodians and parents of Indian children

03/16/2023

An indigent parent or parents or Indian custodians have the right to counsel in any state child placement matter.

Appointment of Counsel: categorical Qualified: no

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Key_development Question_mark

Minnesota makes parent counsel mandatory in abuse/neglect cases

08/03/2021

A 2021 bill changed the law such that appointment of counsel for parents in abuse/neglect cases is mandatory, not discretionary.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Minnesota passes bill strengthening right to counsel for Indian children

03/16/2023

Indian children in any state child placement proceeding have the right to counsel if they are 10 years of age or older.

Appointment of Counsel: categorical Qualified: yes

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Key_development Question_mark

Minnesota passes bill strengthening child's right to counsel in abuse/neglect cases

06/01/2017

A 2017 bill strengthened the right to appointed counsel for Minnesota children 10 and over in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: yes

 

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NCCRC assisted with the drafting of the 2017 bill.

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All Basic Human Needs

Legislation

Key_development Question_mark

Discretionary appointment of counsel - discrimination cases

A statute provides courts with the discretionary power to appoint counsel in a case involving discrimination.

Appointment of Counsel: discretionary Qualified: yes

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Court Rule or Initiative

Minnesota Supreme Court essay contest focuses on civil right to counsel

11/21/2014

The Minnesota Supreme Court Historical Society's 2014 essay contest for high school students was about civil right to counsel.

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Miscellaneous

NCCRC Coordinator delivers keynote speech in Minnesota

11/20/2018

NCCRC Coordinator John Pollock delivered a keynote speech on right to counsel to an audience of 400 people in Minnesota in November.

 

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The speech was given by the NCCRC Coordinator.

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

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for minors bypassing parental notification for abortion that will exist only if the notice provision is enjoined.

Appointment of Counsel: categorical Qualified: yes

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Civil Contempt in Family Court

Litigation

Right to counsel

The Minnesota Supreme Court recognized a right to counsel in certain child support civil contempt cases, pursuant to its supervisory power.

Appointment of Counsel: categorical Qualified: yes

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Court Rule or Initiative

Key_development Question_mark

Right to counsel

There is a right to counsel in Minnesota child support contempt proceedings where incarceration is a potential outcome.

Appointment of Counsel: categorical Qualified: no

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Civil Commitment

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for respondents in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the proposed ward in a guardianship proceeding.

Appointment of Counsel: categorical Qualified: no

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Housing - Evictions

Legislation

Key_development Question_mark

Minnesota creates limited statewide tenant right to counsel

05/19/2023

A bill enacted in 2023 provides a right to counsel for public housing tenants threatened with eviction for an alleged breach of lease.

Appointment of Counsel: categorical Qualified: yes

 

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The NCCRC has consulted with Minnesota advocates on the bill language and provided supportive testimony.  

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Minneapolis is 12th city to guarantee counsel for tenants

10/11/2021

Minneapolis has enacted an ordinance providing a right to counsel for low-income tenants facing eviciton.

Appointment of Counsel: categorical Qualified: yes

 

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The NCCRC provided support to advocacy organizations working on the ordinance.

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Report

Report: Hennepin County MN tenants w/rep 2x more likely to stay in homes

12/08/2018

A report on tenant representation Mid-Minnesota Legal Aid found that tenants experienced far better outcomes with counsel.

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Involuntary Medical Treatment (incomplete)

Legislation

Key_development Question_mark

Right to counsel

Any proposed patients subjected to "early intervention" medical treatment are entitled to counsel.

Appointment of Counsel: categorical Qualified: no

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Paternity - Defendant/Respondent

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent respondents in paternity proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

The Minnesota Supreme Court created a right to counsel in paternity cases brought by the state, pursuant to its supervisory power.

Appointment of Counsel: categorical Qualified: yes

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Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent petitioners in paternity proceedings.

Appointment of Counsel: categorical Qualified: no

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Quarantine/Isolation

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for individuals or group subject to an order of isolation and quarantine, as well as other related proceedings.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Commitment

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel in civil commitments of sexually dangerous persons.

Appointment of Counsel: categorical Qualified: no

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Sterilization

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for involuntary sterilization proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for a child in an adoption case.

Appointment of Counsel: discretionary Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Minnesota passes bill strengthening child's right to counsel in termination cases

06/01/2017

A 2017 bill strengthened the right to appointed counsel for Minnesota children 10 and over in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: yes

 

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The NCCRC assisted with the drafting of the 2017 bill.

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for some birth parents in adoption proceedings.

Appointment of Counsel: categorical Qualified: yes

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Court Rule or Initiative

Key_development Question_mark

Right to counsel

A court rule guarantees counsel for Indian parents in adoption proceedings.

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

06/29/2021

Indigent parents in termination of parental rights cases have the right to counsel, and counsel shall be appointed if the parent desires.

Appointment of Counsel: categorical Qualified: no

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Truancy - Petition Against Child

Legislation

Key_development Question_mark

Right to counsel

Minnesota children in truancy proceedings only have a right to counsel when out-of-home placement is sought.

Appointment of Counsel: categorical Qualified: yes

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