National

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

Court Rule or Initiative

Conference of State Court Administrators urges counsel for all child welfare cases

08/31/2017

COSCA has released a new child welfare policy urging all state courts to provide counsel for parents and children in child welfare cases.

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Abuse/Neglect/Dependency - Children

Bar Effort

ABA Adopts Model Act on Child's Right to Counsel

01/01/2012

In 2011, the ABA endorsed the Model Act for Children in Abuse, Neglect and Dependency Proceedings, which covers right to counsel.

 

Nccrc_involvement_icon The NCCRC gave input as the Model Act was being developed.

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All Basic Human Needs

Legislation

Bills on civil right to counsel dominate 2016 legislative sessions

02/23/2016

Over two dozen bills that would establish or expand rights to counsel in civil cases have been filed in state legislatures across the country.

 

Nccrc_involvement_icon NCCRC spurred some of the bill introductions and is supporting others.

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Court Rule or Initiative

"100% Access to Justice" Initiative launched, includes civil right to counsel

08/10/2016

A new "Justice for All Initiative" launched by national court leaders includes civil right to counsel as part of the plan.

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State supreme court justices talk civil right to counsel

09/15/2014

At the LSC 40th Anniversary event, several state supreme court justices spoke favorably about the right to counsel in civil cases.

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Bar Effort

Comprehensive paper explores status, future of civil right to counsel

05/20/2016

A paper requested by the ABA Commission on the Future of Legal Services explores the history and future of the civil right to counsel movement.

 

Nccrc_involvement_icon NCCRC provided input on the paper.

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ABA releases Model Act and Basic Principles for civil right to counsel

01/01/2010

In 2010, the ABA released the Model Access Act and Basic Principles of a Right to Counsel in Civil Legal Proceedings.

 

Nccrc_involvement_icon The NCCRC provided substantive input in the drafting of these docs.

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Report

U.S. rank on access to civil justice in Rule of Law Index: 116th out of 142 countries

10/25/2023

The 2022 World Justice Project's Rule of Law Index ranked the U.S. 116th in the world on access to civil justice.

 

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The NCCRC's John Pollock was one of the contributing experts to the report.

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AAAS highlights right to counsel in civil justice report

10/01/2020

The American Academy of Arts and Sciences released a report highlighting efforts to expand the right to counsel in civil cases.

 

Nccrc_involvement_icon

The NCCRC gave input on the report drafting and served as an expert during the investigation process.

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NCCRC gives input to 2017 UN Rapporteur on Extreme Poverty

10/03/2017

NCCRC collaborated on a report to a UN Rapporteur urging the recognition of a right to counsel in civil cases as a way of combatting poverty.

 

Nccrc_involvement_icon NCCRC collaborated with NUSL on the input.

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Survey: Americans overwhelmingly support right to counsel in civil cases

09/12/2017

A survey conducted by Voices for Civil Justice reveals that Americans strongly support a right to counsel in civil cases.

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UN report raises need for counsel in all detention cases

07/17/2017

A report by the UN Rights Council Working Group on Arbitrary Detention discussed the need for counsel whenever a person faces any kind of detention.

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Nat'l Center for State Courts: 3/4 of civil cases have one unrepresented party

11/11/2015

A report by the National Center for State Courts reveals that at least three-quarters of all civil cases involve at least one pro se party.

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UNC Law School human rights report flags lack of right to counsel in civil cases

06/29/2015

A new report by UNC Law School explains how lack of a civil right to counsel violates international human rights law.

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Lack of right to counsel affects POC communities, says treaty body

08/29/2014

The international body that enforces the CERD treaty urged the U.S. to address the impact of a lack of a right to counsel on people of color.

 

Nccrc_involvement_icon

NCCRC contributed to the shadow report.

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Miscellaneous

New disability policy framework includes right to counsel

01/14/2023

New guidelines from the Disability Economic Justice Collaborative call for the inclusion of right to counsel as a reasonable accommodation.

 

Nccrc_involvement_icon

The NCCRC is a member of the Collaborative.

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Washington Post editorials focus on right to counsel

05/27/2021

The Washington Post ran an editorial series on the right to counsel.

 

Nccrc_involvement_icon

The NCCRC provided information and connections to the editorial writer.

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About COVID-19 and the right to counsel

09/05/2020

All about COVID-19 and how it relates to the right to counsel in critically important civil cases like housing.

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The NCCRC's statement on the murder of George Floyd and the protests

06/09/2020

A statement from the NCCRC regarding the murder of George Floyd, the protests, and the connection to housing justice.

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NCCRC's work featured in Governing Magazine

06/01/2019

The NCCRC and the civil right to counsel movement were featured recently in Governing Magazine, the preeminent publication for state and local government officials.

 

Nccrc_involvement_icon

The NCCRC spoke to the reporter and was featured prominently in the article

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Right to counsel the focus of July 17 public breakfast event

07/17/2018

On July 17 in NYC, the NCCRC hosted a public breakfast event to educate about the latest happenings in the civil right to counsel movement.

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Former AG Eric Holder calls for civil right to counsel

09/29/2016

At the 2016 NLADA Exemplar Award Dinner, Former U.S. Attorney General Eric Holder called for the right to counsel in civil cases.

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2016 Justice Index now features civil right to counsel

05/20/2016

The updated Justice Index, which ranks the states on access to justice, now includes some factors relating to civil right to counsel.

 

Nccrc_involvement_icon The 2016 Justice Index relies on NCCRC data to answer some of the right to counsel questions.

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AP story featuring right to counsel, NCCRC picked up by Washington Post and NYTimes

03/30/2016

A story by the Associated Press features civil right to counsel legislation across the country and the NCCRC.

 

Nccrc_involvement_icon NCCRC is prominently featured in the story and worked with the reporter who wrote it.

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NY Times features NCCRC, nationwide push for civil right to counsel

11/22/2014

The New York Times discussed the nationwide push for civil legal aid and highlighted the NCCRC as well as efforts by some of its participants.

 

Nccrc_involvement_icon NCCRC pitched the idea of the story to the NY Times.

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Civil Contempt in Family Court

Bar Effort

ABA adopts NCCRC-authored resolution on right to counsel

02/05/2018

A new ABA resolution, authored by the NCCRC, calls for a right to counsel whenever physical liberty is at stake.

 

Nccrc_involvement_icon

The NCCRC researched and wrote the resolution, and worked with the ABA SCLAID to submit it.

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Forfeiture (incomplete)

Legislation

Bipartisan call for legislative right to counsel in civil forfeiture cases continues to grow

03/31/2017

Calls to reform civil forfeiture proceedings have come from all sides of the aisle, with legislation filed at the federal and state level.

 

Nccrc_involvement_icon

NCCRC is providing support for some of the filed bills.

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Consumer or Other Debt

Report

ACLU report decries private debt collection, calls for right to counsel

02/21/2018

A new report by the ACLU looks at the collection of private debt and the need for counsel to protect debtors from incarceration.

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Guardianship/Conservatorship of Adults - Protected Person

Model Act

New uniform law expands protections in adult guardianship proceedings

12/18/2017

An updated uniform act improves the right to counsel for adult wards in guardianship proceedings.

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Miscellaneous

Guardianship right to counsel featured in Bloomberg

03/26/2023

A recent article from Bloomberg Law looks at flaws in state right to counsel laws, as well as the success of representation when provided.

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Housing - Evictions

Legislation

HUD creates Eviction Prevention Grant Program

12/29/2022

Three rounds of HUD grants are providing funding to legal services providers to represent tenants facing eviction.

 

Nccrc_involvement_icon

The NCCRC worked with U.S. House members on a bill that ultimately morphed into this HUD funding.

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Baltimore Sun turns focus to rise of civil right to counsel housing legislation

07/01/2017

An article in the Baltimore Sun looked at bills filed at the city level in NYC, Washington D.C., and elsewhere to provide counsel for tenants.

 

Nccrc_involvement_icon The NCCRC worked with the Baltimore Sun reporter and was quoted in the article.

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Report

NEW RESOURCE: advancing racial/health justice through RTC

03/15/2024

A new policy brief explores how to advance both racial and health justice through a right to counsel for tenants facing eviction.

 

Nccrc_involvement_icon

The NCCRC is one of the co-authors of the report.

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U.S. gets "C-" on access to counsel in housing cases

10/16/2023

The latest Human Rights Report Card from the National Homelessness Law Center gives the United States a "C-" on security of housing tenure.

 

Nccrc_involvement_icon

We gave input to the report card.

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New NCCRC/CityHealth report highlights eviction right to counsel; webinar in Sept

09/19/2022

A report by the NCCRC, CityHealth, and Enterprise Community Partners covers housing policies advancing health equity, such as right to counsel.

 

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The NCCRC is a co-author of the report.

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ACLU/NCCRC report flags eviction's harms, RTC's promise

05/11/2022

A joint report by the ACLU and NCCRC reviews the data on the widepsread consequences of evictions and right to counsel's impact on the problem.

 

Nccrc_involvement_icon

The NCCRC co-authored the report.

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New polling data shows strong support for eviction right to counsel

05/19/2021

Data for Progress has released new polling data showing the American public strongly supports a right to counsel for tenants facing eviction.

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New tool predicts expected # of eviction filings due to COVID-19

07/17/2020

A new tool shows the number of rent-unstable renter households in the U.S. as well as how many eviction filings that may lead to.

 

Nccrc_involvement_icon

The NCCRC gave input to Stout on the design and methodology.

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Study: COVID-19, housing instability, and right to counsel

06/11/2020

A new study explains how COVID-19, the public health crisis, evictions, and the right to counsel are connected.

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Center for American Progress issue brief supports tenant right to conusel

10/02/2019

A new issue brief from the Center for American Progress explains the importance of providing a right to counsel for tenants.

 

Nccrc_involvement_icon

The NCCRC gave input on the issue brief.

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Comprehensive housing plan urges right to counsel in eviction cases

09/12/2019

A briefing book from People's Action calls for a right to counsel for tenants facing eviction, pointing to the successful program in NYC.

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New national reports call for right to counsel in housing cases

03/20/2018

New reports by the Center for Social Innovation and the National Law Center on Homelessness and Poverty support a right to counsel in evictions.

 

Nccrc_involvement_icon

The NCCRC wrote the right to counsel section for the NLCHP report.

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Miscellaneous

The NCCRC celebrates Fair Housing Month

04/16/2024

As the Fair Housing Act celebrates its 56th anniversary, we at the NCCRC take a moment to acknowledge its critical role in housing justice.

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Federal funding for tenant rep / right to counsel

11/01/2023

An increasing number of legal services programs have tapped a number of different federal funding pots to expand tenant representation.

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CityHealth ranks cities on tenant right to counsel policies

01/04/2023

CityHealth, which ranks cities on their policies, is making a push in conjunction with the NCCRC for cities to adopt a tenant right to counsel.

 

Nccrc_involvement_icon

The NCCRC is a partner with Cityhealth on Legal Support for Renters.

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NCCRC recognizes the eviction right to counsel movement's movers and shakers

01/14/2022

In January 2022, We celebrated the eviction right to counsel movement and its leaders.

 

Nccrc_involvement_icon

This was a NCCRC-hosted event.

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Legal Services Corp. President calls for eviction right to counsel

04/15/2021

An opinion piece in the Houston Chronicle by the Legal Services Corporation President calls for immediate passage of an eviction right ocounsel.

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Webinar series featured organizing around eviction right to counsel

02/01/2021

A webinar series hosted by the NCCRC and the Right to Counsel Coalition of NYC featured organizing efforts around right to counsel.

 

Nccrc_involvement_icon

The NCCRC is co-hosting this event.

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Webinar tackles funding and race issues in eviction right to counsel

01/17/2020

A Shriver Center webinar tackled the question of the race equity implications of an eviction right to counsel, as well as funding questions.

 

Nccrc_involvement_icon

NCCRC Coordinator John Pollock was one of the presenters on the webinar.

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Wall Street Journal profiles growing eviction right to counsel movement

12/26/2019

The Wall Street Journal took a look at how cities are adopting an eviction right to counsel as a way of combating rising rents.

 

Nccrc_involvement_icon

The NCCRC is featured in the article.

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Financial advisory company focuses on right to counsel

10/13/2019

Stout, a financial analysis company that has produced right to counsel cost/benefit reports, has new articles on the right to counsel movement.

 

Nccrc_involvement_icon

The NCCRC gave input on both articles.

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Housing - General

Miscellaneous

Housing Not Handcuffs campaign kicks off, features right to counsel

11/15/2016

A new campaign to end the criminalization of homelessness features right to counsel in housing cases as a major policy platform.

 

Nccrc_involvement_icon NCCRC helped develop the right to counsel policy and presented during the HNH webinar.

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Immigration

Bar Effort

ABA resolution calls for right to counsel in immigration cases

08/14/2017

ABA Resolution 115, adopted at the 2017 ABA Annual conference, supports a right to counsel in immigration court.

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ABA: all unaccompanied minors should get counsel

02/09/2015

ABA Resolution 113 calls for the appointment of counsel for unaccompanied minors in all immigration proceedings.

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Report

Immigration representation across country to expand, backed by report

11/14/2017

A study found represented immigrants are 12 times more likely to avoid deportation. The study is tied to a project to expand representation.

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Report: represented immigrants far more likely to be released, win case

09/29/2016

A new report by the American Immigration Council shows that represented immigrants are far more likely to be released and win their cases.

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Incarceration for Fees/Fines (incomplete)

Bar Effort

ABA guidelines call for right to counsel in fees/fines cases

08/07/2018

The American Bar Association has adopted a set of principles on how fees/fines should be collected, and one advocates for a right to counsel.

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Report

US Commission on Civil Rights calls for counsel in fees/fines cases

09/01/2017

The US Commission on Civil Rights released a report regarding the need for counsel prior to incarceration for failure to pay fees/fines.

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Miscellaneous

Articles, studies make case for right to counsel in debt cases

03/02/2017

Two new articles in the Harvard Law & Policy Review support the right to counsel in debt cases.

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Quarantine/Isolation

Legislation

About the right to counsel in quarantine/isolation cases

04/20/2020

The NCCRC status map now includes full information about the right to counsel when subject to quarantine or isolation.

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Other Subject Areas

Model Act

Model Code for Education includes right to counsel

08/01/2012

The 2012 version of the Model Code on Education and Dignity contains significant right to counsel provisions.

 

Nccrc_involvement_icon The NCCRC drafted the right to counsel provisions in the Code, as well as the explanatory Appendix.

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Miscellaneous

NCCRC participates in DOJ/White House meeting on debtor's prison

12/02/2015

The NCCRC joined a December meeting convened by the Department of Justice and the White House about the rise of debtor's prisons.

 

Nccrc_involvement_icon

NCCRC was invited to participate in the meeting.

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