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.
|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.|
|None||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.|
Court Rule or Initiative
Conference of State Court Administrators urges counsel for all child welfare cases
COSCA has released a new child welfare policy urging all state courts to provide counsel for parents and children in child welfare cases.
ABA Adopts Model Act on Child's Right to Counsel
In 2011, the ABA endorsed the Model Act for Children in Abuse, Neglect and Dependency Proceedings, which covers right to counsel.
|The NCCRC gave input as the Model Act was being developed.|
Bills on civil right to counsel dominate 2016 legislative sessions
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 spurred some of the bill introductions and is supporting others.|
Court Rule or Initiative
"100% Access to Justice" Initiative launched, includes civil right to counsel
A new "Justice for All Initiative" launched by national court leaders includes civil right to counsel as part of the plan.
State supreme court justices talk civil right to counsel
At the LSC 40th Anniversary event, several state supreme court justices spoke favorably about the right to counsel in civil cases.
Comprehensive paper explores status, future of civil right to counsel
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 provided input on the paper.|
ABA releases Model Act and Basic Principles for civil right to counsel
In 2010, the ABA released the Model Access Act and Basic Principles of a Right to Counsel in Civil Legal Proceedings.
|The NCCRC provided substantive input in the drafting of these docs.|
NCCRC gives input to 2017 UN Rapporteur on Extreme Poverty
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 collaborated with NUSL on the input.|
Survey: Americans overwhelmingly support right to counsel in civil cases
A survey conducted by Voices for Civil Justice reveals that Americans strongly support a right to counsel in civil cases.
UN report raises need for counsel in all detention cases
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.
U.S. rank on access to civil justice in Rule of Law Index drops to 94th out of 113 countries
The 2016 World Justice Project's Rule of Law Index ranked the U.S. 94th in the world on access to civil justice.
|The NCCRC's John Pollock was one of the contributing experts to the report.|
Nat'l Center for State Courts: 3/4 of civil cases have one unrepresented party
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.
UNC Law School human rights report flags lack of right to counsel in civil cases
A new report by UNC Law School explains how lack of a civil right to counsel violates international human rights law.
Lack of right to counsel affects minorities, says treaty body
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 contributed to the shadow report.|
Former AG Eric Holder calls for civil right to counsel
At the 2016 NLADA Exemplar Award Dinner, Former U.S. Attorney General Eric Holder called for the right to counsel in civil cases.
2016 Justice Index now features civil right to counsel
The updated Justice Index, which ranks the states on access to justice, now includes some factors relating to civil right to counsel.
|The 2016 Justice Index relies on NCCRC data to answer some of the right to counsel questions.|
AP story featuring right to counsel, NCCRC picked up by Washington Post and NYTimes
A story by the Associated Press features civil right to counsel legislation across the country and the NCCRC.
|NCCRC is prominently featured in the story and worked with the reporter who wrote it.|
NY Times features NCCRC, nationwide push for civil right to counsel
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 pitched the idea of the story to the NY Times.|
ABA adopts NCCRC-authored resolution on right to counsel
A new ABA resolution, authored by the NCCRC, calls for a right to counsel whenever physical liberty is at stake.
The NCCRC researched and wrote the resolution, and worked with the ABA SCLAID to submit it.
Bipartisan call for legislative right to counsel in civil forfeiture cases continues to grow
Calls to reform civil forfeiture proceedings have come from all sides of the aisle, with legislation filed at the federal and state level.
NCCRC is providing support for some of the filed bills.
ACLU report decries private debt collection, calls for right to counsel
A new report by the ACLU looks at the collection of private debt and the need for counsel to protect debtors from incarceration.
New uniform law expands protections in adult guardianship proceedings
An updated uniform act improves the right to counsel for adult wards in guardianship proceedings.
Baltimore Sun turns focus to rise of civil right to counsel housing legislation
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.
|The NCCRC worked with the Baltimore Sun reporter and was quoted in the article.|
New national reports call for right to counsel in housing cases
New reports by the Center for Social Innovation and the National Law Center on Homelessness and Poverty support a right to counsel in evictions.
The NCCRC wrote the right to counsel section for the NLCHP report.
U.S. gets "D" on access to counsel in housing cases
The latest Human Rights Report Card from NLCHP gives the United States a "D" on access to counsel in housing cases.
|NCCRC provided expertise in support of the report.|
Housing Not Handcuffs campaign kicks off, features right to counsel
A new campaign to end the criminalization of homelessness features right to counsel in housing cases as a major policy platform.
|NCCRC helped develop the right to counsel policy and presented during the HNH webinar.|
ABA resolution calls for right to counsel in immigration cases
ABA Resolution 115, adopted at the 2017 ABA Annual conference, supports a right to counsel in immigration court.
ABA: all unaccompanied minors should get counsel
ABA Resolution 113 calls for the appointment of counsel for unaccompanied minors in all immigration proceedings.
Immigration representation across country to expand, backed by report
A study found represented immigrants are 12 times more likely to avoid deportation. The study is tied to a project to expand representation.
Report: represented immigrants far more likely to be released, win case
A new report by the American Immigration Council shows that represented immigrants are far more likely to be released and win their cases.
US Commission on Civil Rights calls for counsel in fees/fines cases
The US Commission on Civil Rights released a report regarding the need for counsel prior to incarceration for failure to pay fees/fines.
Articles, studies make case for right to counsel in debt cases
Two new articles in the Harvard Law & Policy Review support the right to counsel in debt cases.
Model Code for Education includes right to counsel
The 2012 version of the Model Code on Education and Dignity contains significant right to counsel provisions.
|The NCCRC drafted the right to counsel provisions in the Code, as well as the explanatory Appendix.|
NCCRC participates in DOJ/White House meeting on debtor's prison
The NCCRC joined a December meeting convened by the Department of Justice and the White House about the rise of debtor's prisons.
|NCCRC was invited to participate in the meeting.|
|Abuse/Neglect/Dependency - Accused Parents|
|Abuse/Neglect/Dependency - Children|
|Adult Protective Proceedings - Proposed Ward|
|All Basic Human Needs|
|Benefits - Claimant|
|Bypass of Parental Input into Abortion - Minor|
|Child Support Establishment|
|Civil Contempt in Family Court|
|Civil Commitment - Subject of Petition|
|Custody Disputes - Parents|
|Custody Disputes - Children|
|Domestic Violence - Accused Person|
|Domestic Violence - Alleged Victim|
|Education - Special Education|
|Guardianship/Conservatorship of Adults - Ward|
|Health Care Access|
|Housing - Discrimination|
|Housing - Evictions|
|Housing - General|
|Incarceration for Fees/Fines (incomplete)|
|Involuntary Medical Treatment|
|Paternity - Defendant/Respondent|
|Paternity - Petitioner or Child|
|Sexually Dangerous Persons - Commitment|
|Sexually Dangerous Persons - Registration/Notification|
|Termination of Parental Rights (Private) - Children|
|Termination of Parental Rights (State) - Children|
|Termination of Parental Rights (Private) - Birth Parents|
|Termination of Parental Rights (State) - Birth Parents|
|Truancy - Petition Against Child|