Civil Right to Counsel
"If you are unable to afford a lawyer, one will be appointed for you." This guarantee of counsel — a bedrock of the American criminal justice system — is conspicuously absent from most of the nation’s civil justice system, even in cases that involve the most important aspects of people’s lives, such as child custody and shelter. Fewer than 20 percent of low-income families with civil legal needs are ever able to obtain the services of counsel to help them gain access to the courts. Without the assistance of lawyers, these families are simply unable to obtain a meaningful day in court. In its failure to ensure access to lawyers in these cases, the United States stands in sharp contrast to many other countries that guarantee a right to counsel in a wide variety of civil cases.
The Brennan Center provides leadership and support to the National Coalition for a Civil Right to Counsel, and to its members throughout the country. We litigate cases, advance public policy campaigns, and conduct original research. We are dedicated to advancing the growing movement in the United States to ensure that low-income people have a right to counsel in high stakes civil matters in which legal representation is necessary.
For the website of the National Coalition for a Civil Right to Counsel, click here.
Turner v. Rogers (Amicus Brief)
The Brennan Center, along with the National Association of Criminal Defense Lawyers, the Southern Center for Human Rights, the National Legal Aid and Defender Association and the American Civil Liberties Union, filed an amicus brief with the United States Supreme Court in support of a petitioner seeking the right to counsel in civil contempt proceedings where he or she faces incarceration.
Montejo v. Louisiana (Amicus Brief)
This case tests the ambit of the protection afforded by the Sixth Amendment of right to counsel.
The Brennan Center filed an amicus brief in this case is support of a right to counsel claim by an indigent parent seeking child custody.
Turner v. Rogers: What the Court Did and Didn’t Say
In a mixed result for the rights of indigent parents, the Supreme Court's ruling in Turner v. Rogers presents enforcement challenges
A Force for User-Friendly Courts or Empty Promises?
In a partial victory for indigent parents, the Supreme Court held that the year-long incarceration of a South Carolina man for failure to pay child support violated the Constitution. This could be yet another in a long line of opinions papering over the difficulties regular folks have defending their rights without a lawyer. Or it could be a force for making the court system more user friendly
Civil right to counsel proposed for New York State
In a speech given May 3, the Hon. Jonathan Lippman, chief judge of the NY Court of Appeals, proposed a ‘Civil Gideon’ program, one which would provide right to counsel in New York State for the indigent in cases involving basic human needs.
Illustrations by Risko
Large Number of People Who Face Foreclosures Don’t Have a Lawyer
New York - A new in-depth study by the Brennan Center for Justice released Oct. 6, 2009, shows that disturbing numbers of families face foreclosure proceedings without the aid of legal counsel.
“Right to Counsel” Bill for Low-Income Seniors
Today, New York City Councilmember Rosie Mendez introduced a new law that will give low-income senior citizens the right to have an attorney represent them in fighting eviction from their apartments or foreclosure of their homes.
Testimony at NY Senate Hearing on Future of Civil Legal Services
Justice Program Director, David Udell, testifies at a New York Senate hearing on the future of IOLA and civil legal services, offering recommendations for funding strategies, infrastructure developments and new ways to help low-income individuals access justice.
California Recognizes Civil Right to Counsel and Creates Pilot Program
California approves legislation that creates a pilot, civil right to counsel program, “an unprecedented civil court experiment,” to fund attorneys for low-income people in cases where basic human needs are at stake.
The “State Basic Access Act” is a model for a narrow right to counsel which attaches only to certain high priority basic needs, defined in the Act as shelter, sustenance, safety, health, and child custody.
Evidence Based Access to Justice
Laura Abel examines the lack of an evidence based approach in efforts to expand access to the justice system for people facing such civil legal problems as foreclosure, eviction, child custody disputes and more.
Keeping Families Together, Saving Money & Other Motivations Behind New Civil Right to Counsel Laws
To inform advocates seeking expansion of the right to counsel, the Brennan Center’s Laura Abel provides an overview of existing right to counsel statutes across the states and the legislative motivations that led to their passage.
Carrot and Stick Approach Needed for Homeowners in Foreclosure
Fixes to help homeowners with the foreclosure crisis: first, lifting federal restrictions on the Legal Services Corporation, and second, considering more civil counsel assistance options.