Copyright (c) 2012 Civil Right to Counsel. All rights reserved. CRC News http://74.54.211.93/rss/ en-us 30 In Adoption of Meghan (Jan 2012), the Massachusetts Supreme Judicial Court hedl both parents and children have a right to counsel in privately-initiated contested adoption proceedings.  The court noted that regardless of whether the petition is filed by the state or a private party, "the same fundamental, constitutionally protected interests are at stake, and the cost of erroneously terminating the parent's rights remains too high to require an indigent parent to risk it without counsel."  As to the child, the court noted the adoption is "of enormous consequence to the child" and that the child "cannot have a meaningful opportunity to be heard"  without counsel. http://74.54.211.93/news/recent_developments/63/ http://74.54.211.93/news/recent_developments/63/ Mon, 30 Jan 2012 00:00:00 -0600 The National Coalition for a Civil Right to Counsel, in conjunction with the Brennan Center for Justice, has produced a series of videos that highlight why homeowners should have a right to counsel in foreclosure proceedings.  The videos feature interviews with homeowners, attorneys, housing counselors, judges, and others in the foreclosure process.  The videos were flagged in the White House blog of Laura Abel, Acting Director of the Justice Project at the Brennan Center for Justice who was recently named a "Champion of Change" by U.S. Attorney General Eric Holder. http://74.54.211.93/news/recent_developments/62/ http://74.54.211.93/news/recent_developments/62/ Mon, 07 Nov 2011 00:00:00 -0600 The Georgia School of Law is holding a moot court on Nov 1 on the right to counsel in civil cases.  The event is open to the public. http://74.54.211.93/news/recent_developments/61/ http://74.54.211.93/news/recent_developments/61/ Fri, 15 Jul 2011 00:00:00 -0600 A NY Times debate explores the immigration asylum system and how it can be "fixed".  One entry by Bill Frelick of Human Rights Watch suggests we "give asylum seekers the same rights to legal representation that criminal suspects enjoy":  A second entry is by Philip Schrag, the Delaney Family Professor of Public Interest Law at Georgetown University, and he argues  the "ban" on the federal government providing free counseling (presumably 8 CFR 1240.48, which states the right to counsel  "at no expense to the government") should be reversed. http://74.54.211.93/news/recent_developments/60/ http://74.54.211.93/news/recent_developments/60/ Wed, 13 Jul 2011 00:00:00 -0600 A June 26, 2011 editorial in the NY Times says that the Court's ruling in Turner v. Rogers "does not go far enough in ensuring fairness" and that "[t]he chance to respond to questions about financial status is not a substitute for having a lawyer." http://74.54.211.93/news/recent_developments/59/ http://74.54.211.93/news/recent_developments/59/ Mon, 27 Jun 2011 00:00:00 -0600 The U.S. Supreme Court has found that a father held in civil contempt was neither afforded counsel nor procedural safeguards to ensure the proceeding was fair, and the Court therefore reversed.  While the court found no absolute right to counsel in civil contempt proceedings, that holding was limited to the facts before it, namely one where the opposing side was neither the state nor represented by counsel and where (in the Court's eyes) the matter was not significantly complex. http://74.54.211.93/news/recent_developments/58/ http://74.54.211.93/news/recent_developments/58/ Thu, 23 Jun 2011 00:00:00 -0600 The Connecticut Legislature has passed a bill (HB6422) requiring that the court appoint a child-directed attorney in all child protection proceedings (as opposed to an attorney acting as both attorney and GAL), and specifies a separate GAL can only be appointed only upon request of the child's counsel where it becomes apparent that the child cannot act in his/her own best interests and where the child's wishes would cause harm to the child. http://74.54.211.93/news/recent_developments/56/ http://74.54.211.93/news/recent_developments/56/ Fri, 10 Jun 2011 00:00:00 -0600 The California Judicial Council has approved seven organizations to receive grants under the Sargent Shriver Act, which sets up pilots to explore the costs/benefits of a civil right to counsel.  These seven organizations were recommended by the Shriver Act Implementation Committee.  You can read about the grantees here. http://74.54.211.93/news/recent_developments/55/ http://74.54.211.93/news/recent_developments/55/ Wed, 11 May 2011 00:00:00 -0600 The New York court system is initiating a program to ensure that all homeowners in foreclosure proceedings are provided a lawyer, either a pro bono attorney or one through the state legal services programs.  The New York Times has the story. http://74.54.211.93/news/recent_developments/53/ http://74.54.211.93/news/recent_developments/53/ Thu, 17 Feb 2011 00:00:00 -0600 On February 3, New York Chief Judge Jonathan Lippman will be speaking about the right to counsel in civil cases and his desire to fully fund civil legal aid.  Read more about it here. http://74.54.211.93/news/recent_developments/52/ http://74.54.211.93/news/recent_developments/52/ Tue, 08 Feb 2011 00:00:00 -0600 An article in the Winter issue of Philadelphia Lawyer uses housing hypotheticals to talk about the differences lawyers make and why there needs to be a right to counsel in civil cases, then discusses the efforts of the ABA and the Philadelphia Bar's Task Force.  It also mentions the National Coalition. http://74.54.211.93/news/recent_developments/51/ http://74.54.211.93/news/recent_developments/51/ Mon, 31 Jan 2011 00:00:00 -0600 In January 2011, the Maryland Access To Justice Commission approved a report by its Access to Delivery of Legal Services Committee that lays out a strategy for implementation of a civil right to counsel in Maryland and attempts to put a price tag on such implementation.  The report can be found here. http://74.54.211.93/news/recent_developments/50/ http://74.54.211.93/news/recent_developments/50/ Tue, 11 Jan 2011 00:00:00 -0600 A federal district court in California ruled that the Rehabilitation Act required the appointment of "qualified representatives" (but not necessarily counsel) for two mentally ill detainees going through the immigration removal process..  More about the case can be found here. http://74.54.211.93/news/recent_developments/49/ http://74.54.211.93/news/recent_developments/49/ Mon, 03 Jan 2011 00:00:00 -0600 The ABA's 2010 Rule Of Law Index shows that the United States lags behind most of the other "highly developed nations" when it comes to access to civil justice.  A recent article in the ABA Journal about the 2010 ROLI mentions that 14 states are exploring civil right to counsel as a way of addressing this problem. http://74.54.211.93/news/recent_developments/47/ http://74.54.211.93/news/recent_developments/47/ Tue, 30 Nov 2010 00:00:00 -0600 The Northwest Justice Project and various other organizations have filed a class action lawsuit against the United States arguing that, among other things, that the United States has an obligation to provide appointed counsel for mentally disabled detainees in immigration proceedings under the Immigration and Nationality Act (INA), the Fifth Amendment, and the Rehabilitation Act. http://74.54.211.93/news/recent_developments/45/ http://74.54.211.93/news/recent_developments/45/ Tue, 10 Aug 2010 00:00:00 -0600 The first two sentences of Texas Chief Justice Wallace Jefferson's article in the Houston Chronicle are very supportive of the expansion of the right to counsel, as he writes, "Our legal system is best served when each litigant who comes to court is represented by a lawyer.  We often fall short of this ideal."  While he goes on to discuss current efforts in Texas to improve pro se assistance (including an upcoming symposium on that topic), he concludes by saying, "We will continue aspiring toward the ideal that all litigants should be represented by competent counsel." http://74.54.211.93/news/recent_developments/43/ http://74.54.211.93/news/recent_developments/43/ Wed, 05 May 2010 00:00:00 -0600 In a Law Day speech on May 3 Chief Judge Jonathan Lippman of the New York Court of Appeals called for a guarantee of counsel for low-income people when basic needs are at stake. According to New York Times coverage of the speech, Judge Lippman said that he was "not talking about a single initiative, pilot project, or temporary program" but rather an approach that is "comprehensive, multi-faceted [and] systemic." Judge Lippman plans to hold hearings around the state, beginning in the fall, on the nature and extent of the need for counsel. Recommendations will then be made to the state legislature. [BR] According to another report, from 1010 WINS news radio, Lippman has appointed Helaine Barnett to head a task force on a civil right to counsel. Barnett recently stepped down as president of the Legal Services Corporation. Previously, at a legislative hearing in January 2010 on the state's IOLA program and the crisis in civil legal services, Judge Lippman called on the state to uphold the principle of access to justice, noting that "the spirit of Gideon applies to the civil side." With great conviction Judge Lippman described the judiciary's dismay at the hardships experienced by the skyrocketing number of low-income litigants forced to "fight alone for life's basic necessities," as well as the increasing burden low-income litigants pose for the functioning of the courts. [BR] Judge Lippman's testimony is approximately at minutes 15-25 of the video, with questions from legislators extending his appearance through minute 38. At approximately 4 hours 15 minutes into the hearing the committee patched in California Assemblymember Mike Feuer by videoconference. Feuer, sponsor of California's recently passed Sargent Shriver Civil Counsel Act (A.B. 590), described for the committee the content of the legislation and the process of getting it passed. http://74.54.211.93/news/recent_developments/42/ http://74.54.211.93/news/recent_developments/42/ Tue, 04 May 2010 00:00:00 -0600 In Dec 2008, the ABA Section on Litigation sponsored a symposium on civil right to counsel and access to justice, which brought together social scientists as well as advocates. The February 2010 issue of the Fordham Urban  Law Journal is entirely focused on that symposium and contains papers presented there. http://74.54.211.93/news/recent_developments/41/ http://74.54.211.93/news/recent_developments/41/ Mon, 26 Apr 2010 00:00:00 -0600 Materials from the day-long symposium--Civil Legal Representation and Access to Justice:  Breaking Point or Opportunity for Change--are now available. The Symposium was sponsored by the Fred T. Korematsu Center for Law and Equality at Seattle University School of Law, University of Washington School of Law, and Gonzaga University School of Law. [BR] It was held on Feb. 19, 2010. Panels addressed Why a Right to Representation:  Laying the Foundation, Addressing the Unmet Need:  How and Whereto, Special Populations and Proceedings and Access to Justice:  Representation to Overcome Special Access Barriers, and Modeling Justice:  Achieving Justice Through Standards Lessons Learned from the U.S. Indigent Defense Experience and Civil Representation Internationally. http://74.54.211.93/news/recent_developments/38/ http://74.54.211.93/news/recent_developments/38/ Thu, 25 Feb 2010 00:00:00 -0600 California Assembly Bill 590, which will create pilot projects to appoint counsel for low-income Californians in cases affecting basic human needs, was signed into law by Gov. Arnold Schwarzenegger in the wee hours of the morning on Oct. 12. Named the Sargent Shriver Civil Counsel Act, the bill passed the California legislature last spring but was then caught up in California's budget crisis. However, reports of its death proved to be exaggerated; the fact of its dedicated funding source from court fees no doubt contributed to its resurrection. The projects will begin operating on July 1, 2011. AB 590 had wide support, including from both parties in the legislature and editorial support from The New York Times. And California [BR] advocates worked tirelessly to keep it prominent on the governor's radar screen. Since it became law, the legal blogosphere has trumpted the bill's significance. See, e.g., the post by Jonathan Smith, Exec. Dir. of the Legal Aid Society of DC, on makingjusticereal.org, "California takes a big step towards Civil Gideon" and John Marshall Law School Professor Steve Schwinn's post on the Constitutional Law Prof Blog, "Schwarzenegger Signs Equal Access to Justice Bill." Since it was signed, the bill has continued to receive media attention. An article appeared in The Wall Street Journal on Oct. 26, "'Civil Gideon' Trumpets Legal Discord," and the Los Angeles Times on Oct. 17 published a 1000+-word  [BR] article entitled "California Gives the Poor a New Legal Right." LA's legal newspaper, the Los Angeles Daily Journal, published a front-page article on Oct. 13: "Law Creates New Right to Counsel in Civil Cases." The legal blogosphere has also been trumpeting the bill's significance. See, e.g., the post by Jonathan Smith, Exec. Dir. of the Legal Aid Society of DC, on makingjusticereal.org, "California takes a big step towards Civil Gideon"; John Marshall Law School Professor Steve Schwinn's posts on the Constitutional Law Prof Blog: "Equal Access to Justice in California" and "Schwarzenegger Signs Equal Access to Justice Bill"; Rebecca K. Blemberg, Marquette U. Law School Faculty Blog, "California Moves Towards Civil Right to Counsel." http://74.54.211.93/news/recent_developments/32/ http://74.54.211.93/news/recent_developments/32/ Thu, 15 Oct 2009 00:00:00 -0600 Legal advocates, doctors, patients rights groups, and other public interest organizations--77 in all--wrote a letter  to Attorney General Eric Holder urging him to appoint counsel for all immigrants with mental disabilities who are in removal proceedings. The signatories cite international standards favoriing a right to counsel in immigration proceedings, quote an Amnesty International report from March 2009 that found 84% of detained immigrants are unrepresented, and urge appointed counsel as a matter of due process and fundamental fairness. For more information contact Greg Pleasants, Mental Health Advocacy Services. http://74.54.211.93/news/recent_developments/30/ http://74.54.211.93/news/recent_developments/30/ Fri, 18 Sep 2009 00:00:00 -0600 U.S. Attorney General Eric Holder reversed a January policy change implemented by former Attorney General Michael Mukasey, according to which noncitizens had no constitutional right to effective counsel in removal (deportation) proceedings. The Mukasey ruling, in turn, had reversed a 15-year-old precedent established in Matter if Lozada, which recognized a 5th amendment due process right to a new hearing in the case of ineffective assistance of counsel. Holder ordered the Executive Office for Immigration Review to "initiate rulemaking procedures ... to evaluate the Lozada framework and to determine what modifications should be proposed for public consideration." To read the Holder ruling click here. For a New York Times article on the Holder reversal click here. http://74.54.211.93/news/recent_developments/28/ http://74.54.211.93/news/recent_developments/28/ Fri, 05 Jun 2009 00:00:00 -0600 The Massachusetts Bar Foundation hat granted $125,000 to support "Providing a Right to Counsel in Certain Eviction Cases: A Cost/Benefit Pilot Project." THe foundation hopes the project will show that assuring counsel results in both fairer case outcomes and a cost saving for the state. The project is also funded by the Boston Bar Foundation and will support staff at both Greater Boston Legal Services and Neighborhood Legal Services in Lynn. http://74.54.211.93/news/recent_developments/27/ http://74.54.211.93/news/recent_developments/27/ Wed, 06 May 2009 00:00:00 -0600 National Coalition participant Steve Schwinn, professor of law at The John Marshall Law School in Chicago, muses about—and recommends—an article from the Touro Law Review issue on civil right to counsel:  Gideon Meets Goldberg:  The Case for a Qualified Right to Counsel in Welfare Hearings, by Stephen Loffredo and Don Friedman. For the blog post click here. To view the entire Touro civil right to counsel issue click here. . http://74.54.211.93/news/recent_developments/26/ http://74.54.211.93/news/recent_developments/26/ Tue, 14 Apr 2009 00:00:00 -0600 Click here to read the article. http://74.54.211.93/news/recent_developments/24/ http://74.54.211.93/news/recent_developments/24/ Tue, 24 Feb 2009 00:00:00 -0600  Click here for more information. http://74.54.211.93/news/recent_developments/23/ http://74.54.211.93/news/recent_developments/23/ Tue, 24 Feb 2009 00:00:00 -0600   The New York State Bar Association House of Delegates adopted a report from the President's Committee on Access to Justice in November 2008. The report, titled "Toward a Right to Counsel in Civil Cases in New York State" is available here.Additionally, the House of Delegates approved proposals urging the state legislature to enact legislation to provide counsel for low-income people facing foreclosure or eviction proceedings, and to expand the right to counsel in unemployment insurance cases. Read the resolution here. http://74.54.211.93/news/recent_developments/17/ http://74.54.211.93/news/recent_developments/17/ Wed, 10 Dec 2008 00:00:00 -0600   An amicus brief filed by the ABA supports a right to counsel in custody disputes where one party is indigent and a private attorney represents the other party. The brief concerns an appeal that is pending in the Alaska Supreme Court in the case of Gordanier v. Jonsson. A trial court previously ruled that the state had to provide counsel for a mother involved in a custody dispute with the child's father, who is represented by an attorney. Click here to see a copy of the court's order granting the mother's motion for appointment of counsel.     [BR]     The ABA amicus brief is available here. http://74.54.211.93/news/recent_developments/16/ http://74.54.211.93/news/recent_developments/16/ Wed, 10 Dec 2008 00:00:00 -0600   The prospects for expanding a civil right to counsel in Minnesota are analyzed in a white paper prepared by the law firm of Dorsey & Whitney. The paper will help guide the work of the Minnesota State Bar Association's Civil Gideon Task Force. The paper is available here. http://74.54.211.93/news/recent_developments/15/ http://74.54.211.93/news/recent_developments/15/ Fri, 21 Nov 2008 00:00:00 -0600   In September, the Alaska Bar Association's Board of Governors voted in favor of a civil right to counsel resolution that tracks the language of the 2006 ABA resolution. http://74.54.211.93/news/recent_developments/13/ http://74.54.211.93/news/recent_developments/13/ Tue, 14 Oct 2008 00:00:00 -0600   New York State Bar President Kate Madigan is featured in several radio spots produced as part of a campaign to increase public awareness of legal issues. One 60-second spot focuses on the need for a right to counsel in civil cases when basic human needs are at stake. To listen to the spot, click here. http://74.54.211.93/news/recent_developments/11/ http://74.54.211.93/news/recent_developments/11/ Tue, 16 Sep 2008 00:00:00 -0600   The Boston Bar Association provides specific proposals on implementing a civil right to counsel in Massachusetts in a September 2008 report from its Task Force on Civil Right to Counsel. The report, Gideon’s New Trumpet: Expanding the Civil Right to Counsel in Massachusetts, proposes nine pilot projects in the areas of housing, juvenile, family and immigration law. [BR]     The projects would provide civil legal representation in specific scenarios, including:  parents in custody disputes where the other parent has counsel; mentally-impaired tenants facing eviction for reasons related to their impairment; low-income non-citizens seeking asylum or threatened with deportation; un-befriended seniors facing commitment to a nursing home. [BR]     The report estimates the cost of running these projects for three years at $9 million, but expects that they will demonstrate the social and economic benefits of providing civil legal representation. A press release on the report is available here. http://74.54.211.93/news/recent_developments/10/ http://74.54.211.93/news/recent_developments/10/ Tue, 16 Sep 2008 00:00:00 -0600   Justice Earl Johnson connects the history of legal aid in the U.S. to the effort to secure a civil right to counsel, in his keynote address at the 2008 Pathways to Justice Conference. Johnson links previous phases of the legal aid movement to what he sees as the next integral step – establishing more effective access to the courts through a guarantee of legal representation. The speech is available here. http://74.54.211.93/news/recent_developments/6/ http://74.54.211.93/news/recent_developments/6/ Tue, 08 Jul 2008 00:00:00 -0600   On June 3, 2008, the North Carolina Equal Access to Justice Commission, appointed by former Chief Justice I. Beverly Lake, released a report on changes necessary to increase access to justice in the state. The commission noted that more than one-third of the state's population had incomes low enough to qualify for help from legal aid, and yet only 20 percent are able to obtain legal assistance because legal aid programs are stretched so thin. [BR]       It recommends, among other reforms, that the state increase funding for legal aid organizations and provide a statutory right to counsel in certain civil cases. http://74.54.211.93/news/recent_developments/5/ http://74.54.211.93/news/recent_developments/5/ Mon, 30 Jun 2008 00:00:00 -0600