Ohio
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
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
Indigent parents have a right to counsel in abuse/neglect proceedings.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Abuse/Neglect/Dependency - Children
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
Children have a right to counsel in abuse/neglect proceedings if they are not represented by counsel for their parents.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
discretionary
Qualified:
no
Court Rule or Initiative
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Discretionary appointment of counsel
Ohio court rules govern when counsel can be appointed for a child in a dependency case.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
discretionary
Qualified:
no
Adult Protective Proceedings - Protected Person (incomplete)
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
There is a right to counsel for the subject of an Ohio adult protective proceeding.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
There is a right to counsel for a minor seeking to bypass the parental consent requirement for an abortion.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Civil Contempt in Family Court
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
There is a right to counsel for an indigent respondent in a child support civil contempt proceeding.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Right to counsel
Several intermediate courts have found a right to counsel in civil contempt proceedings, although others have not.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Civil Commitment
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
There is a right to counsel for the indigent subject of a civil commitment proceeding.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Litigation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
The Ohio Supreme Court found a federal due process right to counsel in civil commitment proceedings.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Consumer or Other Debt
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Discretionary appointment of counsel
Ohio law permits the appointment of counsel for an alleged victim of creditor discrimination.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
discretionary
Qualified:
yes
Custody Disputes - Children
Court Rule or Initiative
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Discretionary appointment of counsel
A court can appoint counsel for a child in a custody case.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
discretionary
Qualified:
no
Domestic Violence - Accused Person
Legislation
Discretionary appointment of counsel
A court may appoint counsel for a juvenile respondent in a domestic violence protection order proceeding.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
discretionary
Qualified:
no
Litigation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
An Ohio appellate court found a due process right to counsel for a juvenile respondent in a protection order proceeding.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Ohio Supreme Court extends right to counsel to guardianship review cases
01/01/2012
The Ohio Supreme Court ruled that as a matter of statutory construction, there is a right to counsel in reviews of existing guardianships.
|
The NCCRC helped petitioners with legal research and briefing for the Ohio Supreme Court case. |
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
There is a right to appointed counsel in guardianship establishment and review cases, but only upon request and if the person is indigent.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
|
|
NCCRC assisted with briefing on the McQueen case. |
Housing - Evictions
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
All about Cleveland's eviction right to counsel
02/01/2024
A bill guarantees counsel to Cleveland families with children facing eviction who are at or below 100% of the federal poverty level.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
|
|
The NCCRC has worked with advocates over the last several years to advance this bill. |
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
All about Toledo's right to counsel for tenants facing eviction
02/10/2023
The City of Toledo has enacted legislation to guarantee counsel to low-income tenants facing eviction.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
|
|
The NCCRC submitted supportive testimony, met with advocates and city leaders, and worked with advocates on the bill language. |
Lakewood Ohio considering tenant right to counsel
04/17/2022
An ordinance introduced in Lakewood Ohio aims to make the city the third in Ohio to provide a right to counsel for tenants facing eviction.
Report
Cincinnati data flags troubling eviction stats, positive representation results
03/30/2023
Reports from Cincinnati flag the low number of represented tenants and high eviction rates, as well as the positive impact of representation.
|
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The NCCRC gave input on the 2023 report. |
Report: tenants in Columbus OH with rep avoid adverse judgments far more often
12/08/2018
A report by Legal Aid Society of Columbus found that tenants with representation received favorable outcomes in their cases far more often.
Incarceration for Fees/Fines (incomplete)
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
Ohio guarantees counsel whenever a person faces incarceration for violation of a state statute, including the fees/fines statutes.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Litigation
Right to counsel
Several intermediate courts have found a right to counsel in civil contempt proceedings, although others have not.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Involuntary Medical Treatment (incomplete)
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel - substance abuse
There is a right to counsel for involuntary substance abuse treatment.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Paternity - Defendant/Respondent
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
The Ohio Supreme Court found a state and federal constitutional due process right to counsel for the respondent in paternity proceedings.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Paternity - Petitioner or Child
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Discretionary appointment of counsel
Children must be appointed counsel in paternity proceedings if the child's interest conflicts with that of the mother.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
discretionary
Qualified:
yes
Quarantine/Isolation
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to Counsel
A court may appoint counsel for an indigent person diagnosed with active tuberculosis in a detention proceeding.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
discretionary
Qualified:
yes
Sexually Dangerous Persons - Commitment
Legislation
No such proceeding
There is no procedure in the state for confinement of a sexually dangerous/violent person.
Sterilization
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
A person subject to sterilization has the right to counsel in certain circumstances.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Termination of Parental Rights (State) - Children
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
There is a right to counsel for children not represented by counsel for the parents.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
discretionary
Qualified:
no
Court Rule or Initiative
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Discretionary appointment of counsel
Court rules address when independent counsel can be appointed for a child in a terimination case.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
discretionary
Qualified:
no
Termination of Parental Rights (Private) - Birth Parents
Litigation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Supreme Court of Ohio recognizes right to counsel in adoption cases
12/22/2020
The Supreme Court of Ohio ruled that indigent parents in adoption cases have a right to counsel under the Equal Protection Clause.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
|
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The NCCRC assisted with the strategic planning and briefing. |
Termination of Parental Rights (State) - Birth Parents
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
There is a right to counsel for indigent parents in termination of parental rights proceedings.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Litigation
OH Court of Appeals strengthens parents’ right to counsel in termination of parental rights matters
03/25/2023
An Ohio appellate court held that trial courts cannot permit parents' attorneys to withdraw in TPR matters without a thorough waiver analysis.
Supreme Court of Ohio strengthens parental right to counsel
01/04/2018
A new decision from the Supreme Court of Ohio creates a stronger standard for waiver of a parent's right to counsel in the termination context.
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The NCCRC gave some research and strategic assistance to the petitioner. |
Right to counsel
The Ohio Supreme Court found a due process right to counsel in termination of parental rights cases, although the decision may be in question.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
yes
Truancy - Petition Against Child
Legislation
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
An indigent child has a right to counsel in Ohio truancy proceedings (which are treated either as "unruly child" or delinquency matters).
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
categorical
Qualified:
no
Other Subject Areas
Legislation
Discretionary appointment of counsel
The court may appoint counsel for victims of certain sex offenses in regards to evidence admissibility.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel:
discretionary
Qualified:
yes
| Subject Area | Status |
|---|---|
| Abuse/Neglect/Dependency - Accused Parents | categorical |
| Abuse/Neglect/Dependency - Children | discretionary |
| Adult Protective Proceedings - Protected Person (incomplete) | categorical |
| All Basic Human Needs | |
| Benefits - Claimant | |
| Bypass of Parental Input into Abortion - Minor (Pre-Dobbs) | categorical |
| Child Support Establishment | |
| Civil Contempt in Family Court | categorical |
| Civil Commitment | categorical |
| Forfeiture (incomplete) | |
| Consumer or Other Debt | qualified |
| Custody Disputes - Parents | |
| Custody Disputes - Children | discretionary |
| Divorce | |
| Domestic Violence - Accused Person | qualified |
| Domestic Violence - Alleged Victim | |
| Education - Special Education | |
| Employment Discrimination | |
| Guardianship/Conservatorship of Children - Child (incomplete) | |
| Guardianship/Conservatorship of Children - Parent or Guardian (incomplete) | |
| Guardianship/Conservatorship of Adults - Protected Person | qualified |
| Health Care Access | |
| Housing - Discrimination | |
| Housing - Evictions | qualified |
| Housing - General | |
| Immigration | |
| Issues Related to Incarcerated People | |
| Incarceration for Fees/Fines (incomplete) | categorical |
| Involuntary Medical Treatment (incomplete) | qualified |
| Paternity - Defendant/Respondent | categorical |
| Paternity - Petitioner or Child | qualified |
| Quarantine/Isolation | qualified |
| Sexually Dangerous Persons - Commitment | no such proceeding |
| Sexually Dangerous Persons - Registration/Notification | |
| Sterilization | qualified |
| Termination of Parental Rights (Private) - Children | |
| Termination of Parental Rights (State) - Children | discretionary |
| Termination of Parental Rights (Private) - Birth Parents | categorical |
| Termination of Parental Rights (State) - Birth Parents | categorical |
| Truancy - Petition Against Child | categorical |