AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings RHODE ISLAND
|
|
- Cody Watson
- 6 years ago
- Views:
Transcription
1 AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings RHODE ISLAND Copyright 2017 American Bar Association All rights reserved. American Bar Association Standing Committee on Legal Aid and Indigent Defendants 321 N. Clark Street Chicago, IL Phone: ; FAX: The materials herein may be reproduced, in whole or in part, provided that such use is for informational, noncommercial purposes only and any copy of the materials or portion thereof acknowledges original publication by the American Bar Association and includes the title of the publication, the name of the author, and the legend Copyright 2017 American Bar Association. Reprinted by permission. Requests to reproduce materials in any other manner should be addressed to: Copyrights and Contracts Department, American Bar Association, 321 N. Clark Street, Chicago, IL 60610; Phone: ; FAX: ; i
2 RHODE ISLAND Table of Contents Preface... 1 Law Addressing Authorization or Requirement to Appoint Counsel in Specific Types of Civil Proceedings 2 1. SHELTER... 2 Federal Statutes and Court Decisions Interpreting Statutes SUSTENANCE... 2 Federal Statutes and Court Decisions Interpreting Statutes SAFETY AND/OR HEALTH... 3 A. Domestic Violence Protection Order Proceedings... 3 B. Conservatorship, Adult Guardianship, or Adult Protective Proceedings... 3 State Statutes and Court Decisions Interpreting Statutes... 3 C. Civil Commitment or Involuntary Mental Health Treatment Proceedings... 3 State Statutes and Court Decisions Interpreting Statutes... 3 D. Sex Offender Proceedings... 3 State Statutes and Court Decisions Interpreting Statutes... 3 Federal Court Decisions Addressing Constitutional Due Process or Equal Protection... 4 State Court Decisions Addressing Constitutional Due Process or Equal Protection... 5 E. Involuntary Quarantine, Inoculation, or Sterilization Proceedings CHILD CUSTODY... 6 A. Appointment of Counsel for Parent State-Initiated Proceedings... 6 State Statutes and Court Decisions Interpreting Statutes... 6 Federal Statutes and Court Decisions Interpreting Statutes... 7 State Court Rules and Court Decisions Interpreting Court Rules... 7 State Court Decisions Addressing Constitutional Due Process or Equal Protection... 8 B. Appointment of Counsel for Parent Privately Initiated Proceedings... 8 State Statutes and Court Decisions Interpreting Statutes... 8 State Court Rules and Court Decisions Interpreting Court Rules... 9 Federal Statutes and Court Decisions Interpreting Statutes... 9 C. Appointment of Counsel for Child State-Initiated Proceedings... 9 Federal Statutes and Court Decisions Interpreting Statutes... 9 D. Appointment of Counsel for Child Privately Initiated Proceedings MISCELLANEOUS A. Civil Contempt Proceedings B. Paternity Proceedings C. Proceedings for Judicial Bypass of Parental Consent for a Minor to Obtain an Abortion D. Marriage Dissolution/Divorce Proceedings State Statutes and Court Decisions Interpreting Statutes E. Proceedings Involving Illegal Transport of Explosives State Statutes and Court Decisions Interpreting Statutes Law Addressing Authorization or Requirement to Appoint Counsel in Civil Proceedings Generally Federal Statutes and Court Decisions Interpreting Statutes ii
3 Preface Important Information to Read Before Using This Directory The ABA Directory of Law Governing Appointment of Counsel in State Civil Proceedings (Directory) is a compilation of existing statutory provisions, case law, and court rules requiring or permitting judges to appoint counsel for civil litigants. The Directory consists of 51 detailed research reports one for each state plus D.C. that present information organized by types of civil proceedings. Prior to using the Directory, please read the Introduction, at the Directory s home page, for the reasons behind the development of the Directory, the various sources of authority from which judicial powers to appoint counsel in civil proceedings may derive, and the structure used to organize information within each of the research reports. Terms of Use/Disclaimers This Directory should not be construed as providing legal advice and the ABA makes no warranties concerning the information contained therein, which has been updated to reflect the law through The Directory does not seek to address all conceivable subsidiary issues in each jurisdiction, but some such issues were researched and addressed, including: notification of right to counsel; standards for waiver of right to counsel; standard of review on appeal for improper denial of counsel at trial; whether counsel for a child means a clientdirected attorney or a best interests attorney/attorney ad litem; and federal court decisions finding a right to counsel. Similarly, the research did not exhaustively identify all law regarding the issue of compensation of appointed counsel in each jurisdiction, though discussion of such law does appear within some of the reports. The Directory attempts to identify as unpublished any court decisions not published within an official or unofficial case reporter. Discussion of unpublished cases appears only for those jurisdictions where court rules currently permit their citation in briefs or opinions. Limitations on the use of unpublished opinions vary by jurisdiction (e.g., whether unpublished cases have value as precedent), and such limits were not exhaustively researched. Users should conduct independent, jurisdiction-specific research both to confirm whether a case is published and to familiarize themselves with all rules relating to the citation and use of unpublished or unreported cases. Acknowledgments This Directory was a multi-year project of the ABA s Standing Committee on Legal Aid and Indigent Defendants (SCLAID). We are indebted to our partner in this project, the National Coalition for a Civil Right to Counsel (NCCRC), for sharing the body of research that was adapted to form the Directory s reports. The Acknowledgments, at the Directory s home page, details additional specific contributions of the many individuals involved in this project. 1
4 Law Addressing Authorization or Requirement to Appoint Counsel in Specific Types of Civil Proceedings 1. SHELTER Federal Statutes and Court Decisions Interpreting Statutes The federal Fair Housing Act, contained within Title VIII of the Civil Rights Act of 1968, provides that [a]n aggrieved person may commence a civil action in an appropriate United States district court or State court[.] 42 U.S.C. 3613(a)(1)(A). Further, [u]pon application by a person alleging a discriminatory housing practice or a person against whom such a practice is alleged, the court may... appoint an attorney for such person[.] 3613(b)(1). 2. SUSTENANCE Federal Statutes and Court Decisions Interpreting Statutes Title VII of the Civil Rights Act of 1964 prohibits employment discrimination. While nearly all Title VII claims are brought in federal court, the U.S. Supreme Court has specified that state courts have concurrent jurisdiction with federal courts for Title VII claims. Yellow Freight Sys. Inc. v. Donnelly, 494 U.S. 820, (1990). Title VII provides that [u]pon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant[.] 42 U.S.C. 2000e-5(f)(1). In Poindexter v. FBI, the D.C. Circuit observed: Title VII s provision for attorney appointment was not included simply as an afterthought; it is an important part of Title VII s remedial scheme, and therefore courts have an obligation to consider requests for appointment with care. In acting on such requests, courts must remain mindful that appointment of an attorney may be essential for a plaintiff to fulfill the role of a private attorney general, vindicating a policy of the highest priority.... Once the plaintiff has triggered the attorney appointment provision, courts must give serious consideration to the plaintiff s request.... such discretionary choices are not left to a court s inclination, but to its judgment; and its judgment is to be guided by sound legal principles.... Furthermore, in exercising this discretion, the court should clearly indicate its disposition of the request for appointment and its basis for that disposition. 737 F.2d 1173, (D.C. Cir. 1984) (citations omitted). 2
5 3. SAFETY AND/OR HEALTH A. Domestic Violence Protection Order Proceedings No law could be located regarding the appointment of counsel for indigent litigants in domestic violence protection order proceedings. B. Conservatorship, Adult Guardianship, or Adult Protective Proceedings State Statutes and Court Decisions Interpreting Statutes Rhode Island law requires the probate court to provide an attorney for incapacitated individuals undergoing guardianship proceedings if the respondent contests the petition in some way. R.I. Gen. Laws (d). Additionally, the court shall appoint legal counsel if the respondent requests counsel, or the guardian ad litem determines it is in the respondent s best interests (e). For the guardianship removal proceedings, however, (a) states only that [t]he ward may retain counsel for this purpose. C. Civil Commitment or Involuntary Mental Health Treatment Proceedings State Statutes and Court Decisions Interpreting Statutes R.I. Gen. Laws (d)(2) specifies that in a proceeding to certify someone to a mental health facility, [i]f the person is unable to afford counsel, the court forthwith shall appoint the mental health advocate for him or her. Rhode Island law provides a right to counsel for court-certified alleged narcotics addicts who appear before a family or district court without counsel and are financially unable to engage counsel (4). In these cases, the court is required to notify the person of their right to counsel. Id. D. Sex Offender Proceedings State Statutes and Court Decisions Interpreting Statutes R.I. Gen. Laws (3) and (3) state that an indigent sex offender objecting to a community notification requirement has the right to appointed counsel. In State v. Leon, the court noted that the statutory scheme in Rhode Island had been amended so as to have first level review occur with a magistrate of a Superior Court, after which the magistrate s decision could be appealed to a Superior Court judge, but that the right to counsel provisions 3
6 had not been updated to address whether the right to counsel extended to this second appeal. No. PM , 2013 WL , at *2 (R.I. Super. Mar. 12, 2013). The court then noted that [s]ince and are unclear about the duration of a sexual offender s right to counsel, the rule of lenity would dictate that be interpreted in Mr. Leon s favor to provide him with appointed counsel for his appeal to this Court. Id. at *3. In DiCarlo v. State, the court again held that the statutory right to counsel extended to appeals to the Superior Court judge, and commented that this statutory construction ruling was consistent with an equal protection analysis. No. PM , 2014 WL , at *5-*6 (R.I. Super. Mar. 4, 2014). The court added that leaving it to the Drug Court Magistrate to make a final determination concerning the right to counsel on appeal, and thereby forcing a litigant to proceed pro se, would render his or her opportunity to be heard meaningless. Id. at *6. Federal Court Decisions Addressing Constitutional Due Process or Equal Protection In Sarzen v. Gaughan, the First Circuit considered whether there is a federal due process right to counsel for proceedings relating to sexually dangerous persons F.2d 1076, (1st Cir. 1973). The court first held that the right to counsel did not attach for the temporary 60-day commitment for examination and diagnosis, stating: While counsel might be helpful, especially in the case of disturbed or badly educated inmates, we cannot say that counsel is constitutionally mandated for this purpose prior to the observational commitment of one serving sentence for a sex crime, provided there is a careful and conscientious effort to check out the historical data with the inmate and to see that it is accurate and complete. Id. at 1079, 1085 (footnote omitted). Additionally, the court reasoned that early on, the psychiatrist s role is to be relatively open and professionally detached, and that [b]efore the psychiatrists have rendered an adverse report, we are not persuaded that their role is so greatly at variance with the interests of the inmate as to require the state to assume the burden of appointing counsel for each person being examined or about to be examined. Id. at However, once the psychiatrist filed a report finding the person to be sexually dangerous, the psychiatrists role has changed. They have, in effect, become prosecutors; their benevolence has been compromised,... the inmate needs independent assistance, including that of counsel. Id. at 1086 (internal citations and quotations omitted). The court added that appointing counsel at the final commitment hearing was insufficient. Id. Notably, the court commented that: 1 Although the Sarzen case evaluated Massachusetts law, its analysis and conclusions were based on federal due process, and as such would be binding on other jurisdictions within the First Circuit. At present, it does not appear that Rhode Island has a sex offender commitment statute, but Sarzen is included here should one be enacted in the future. 4
7 Although the full panoply of criminal due process is not necessarily applicable to c. 123A proceedings,... we follow the Supreme Court s directive in In re Gault... not to allow the civil label to deflect us from the fundamental interest at stake. Id. at 1085 n.15 (citations omitted). State Court Decisions Addressing Constitutional Due Process or Equal Protection In State v. Leon, the court addressed whether there is a constitutional right to counsel for second tier review of sex offender classifications. No. PM , 2013 WL (R.I. Super. Mar. 12, 2013). The court cited to Turner v. Rogers for the proposition that the civilcriminal distinction is not dispositive, and a state may not deny an indigent litigant counsel by styling a proceeding as civil, but also that [u]nlike a criminal defendant s right to counsel under the Sixth Amendment,... a right to appointed counsel under the Due Process and Equal Protection clauses of the Fourteenth Amendment is not categorical or automatic. Id. at *3. The court then conducted a due process analysis and noted that while there is a presumption against appointing counsel where physical liberty is not at stake: the requirements of et seq. may subject offenders to a wide range of serious consequences, including exposure to physical or verbal harassment, police surveillance, ostracism, loss of employment and associational opportunities, possible lifetime registration requirements and felony prosecution if they fail to comply with those requirements, and restrictions on where they may reside. Id. at *5 (citing State v. Germane, 971 A.2d 555, 578 (R.I. 2009)). The court then concluded: Once a state provides a right to an appeal, due process and equal protection prohibit it from creating arbitrary or unreasoned distinctions that may effectively deprive indigents of that right when a protected liberty interest is at stake. Id. at *8. The Leon court relied on some facts specific to Mr. Leon s case (such as the magistrate sua sponte raising the tier classification), and in a subsequent case, the court referred to Leon as a case that held there is no per se right to an attorney on appeal of a Drug Court Magistrate s decision affirming or denying the Board s classification. DiCarlo v. State, No. PM , 2014 WL , at *4 (R.I. Super. Mar. 4, 2014). However, after DiCarlo affirmed Leon s construction of the statutory scheme to require appointment of counsel for this appeal, it added that: even if (3) could not be harmonized with to include the right to appointed counsel upon appeal from the Drug Court Magistrate, which it can, providing an indigent petitioner with counsel in conjunction with the Superior Court review would comport with the guarantees of due process and 5
8 Id. at *7. equal protection. Finally, the mandatory appointment of counsel would help to promote judicial efficiency and economy by expediting the appeals process. E. Involuntary Quarantine, Inoculation, or Sterilization Proceedings No law could be located regarding the appointment of counsel for indigent litigants in civil proceedings involving involuntary quarantine, inoculation, or sterilization. 4. CHILD CUSTODY A. Appointment of Counsel for Parent State-Initiated Proceedings State Statutes and Court Decisions Interpreting Statutes Upon the filing of an ex parte petition alleging abuse, R.I. Gen. Laws (b)(4) (entitled Human Services Abused and Neglected Children Family court proceedings ) specifies that: A hearing on the petition shall be held within seven (7) days from the filing thereof, for the court to:... Appoint an attorney to represent the parent or parents or any other person having care of the child alleged to have abused or neglected a child when the parent or custodian is unable to afford representation, as determined by the court. R.I. R. Juv. P. 15(c)(4) echoes the same language. Additionally, (entitled Delinquent and Dependent Children Proceedings in Family Court Services of public defender ) specifies that [p]rior to the commencement of any hearing, the justice shall advise the parent or guardian of any child, or the adult involved, as the case may be, that if he or she is financially unable to engage counsel, he or she is entitled to the services of the public defender (6) defines dependent as used in this particular title as covering: any child who requires the protection and assistance of the court when his or her physical or mental health or welfare is harmed or threatened with harm due to the inability of the parent or guardian, through no fault of the parent or guardian, to provide the child with a minimum degree of care or proper supervision because of: (i) The death or illness of a parent; or (ii) The special medical, educational, or social service needs of the child which the parent is unable to provide. 6
9 While this sounds like an absolute right to counsel for the parent, (c) (which is entitled Right to representation in court proceedings ) specifies that [i]f the parent or other person responsible for the child s care is financially unable to engage counsel as determined by the court, the court may, at the request of that person, and in its discretion, appoint the public defender, or other council [sic], to represent the person. (emphasis added). This provision creates a question as to whether (b) simply requires the court to apply the discretion in or alternatively provides an absolute right to counsel only for the initial ex parte hearing. Federal Statutes and Court Decisions Interpreting Statutes The federal Indian Child Welfare Act (ICWA), which governs child welfare proceedings in state court, 2 provides: In any case in which the court determines indigency, the parent or Indian custodian shall have the right to court-appointed counsel in any removal, placement, or termination proceeding.... Where State law makes no provision for appointment of counsel in such proceedings, the court shall promptly notify the Secretary [of the Interior] upon appointment of counsel, and the Secretary, upon certification of the presiding judge, shall pay reasonable fees and expenses out of funds which may be appropriated pursuant to [25 U.S.C. ] U.S.C. 1912(b). State Court Rules and Court Decisions Interpreting Court Rules R.I. R. Juv. P. 15(c)(4) echoes the language of R.I. Gen. Laws (b)(4), discussed supra, regarding the appointment of counsel for a parent or custodian unable to afford representation in a hearing on an ex parte petition alleging abuse. R.I. R. Juv. P. 18(c)(4) specifies that upon a filing of a petition for termination of parental rights, [a] preliminary hearing shall be held on said petition for the court to:... Appoint an attorney to represent the parent(s) and any person having such care or custody of such child when said parent(s) or custodian are unable to afford such representation[.] While Rule 2 While the ICWA does not appear to have a definitive statement about jurisdiction, 25 U.S.C. 1912(b) contemplates that state law may not provide for appointment of counsel. Additionally, subsection (a) states: In any involuntary proceeding in a State court, where the court knows or has reason to know that an Indian child is involved, the party seeking the foster care placement of, or termination of parental rights to, an Indian child shall notify the parent or Indian custodian and the Indian child s tribe, by registered mail with return receipt requested, of the pending proceedings and of their right of intervention. These provisions, plus the fact that child welfare proceedings typically occur in state court, suggest that ICWA applies in state law proceedings. 7
10 18(c)(4) might have the same ambiguity problem as discussed supra regarding (b)(4) (i.e., whether there is an absolute right to appointed counsel or only a discretionary power to appoint), there is no statutory provision that seemingly limits the right to counsel in termination proceedings to the judge s discretion. Furthermore, in In re Bryce T., the Rhode Island Supreme Court cited to Lassiter v. Dep t of Soc. Servs. and noted that: Despite the lack of a constitutional mandate, Rule 18(c) of the Family Court Rules of Juvenile Proceedings provides that [a] preliminary hearing shall be held on [a petition for involuntary termination of parental rights] for the court to * * * (4) Appoint an attorney to represent the parent(s) and any person having such care or custody of such child when said parent(s) or custodian [is] unable to afford such representation. 764 A.2d 718, 721 (R.I. 2001) (per curiam) (citing 452 U.S. 18, 31 (1981)). The court s phrasing makes it appear that it viewed the right to counsel as absolute, not discretionary. State Court Decisions Addressing Constitutional Due Process or Equal Protection In the parental rights termination context, the Rhode Island Supreme Court has declined to invoke due process to extend the right to counsel beyond the contours defined by statute. See In re Ginger G., 775 A.2d 255, 258 (R.I. 2001) (per curiam); In re Ariel S., 765 A.2d 846, 848 (R.I. 2001) (per curiam) (respondent s claim that his civil rights were violated by court s failure to appoint counsel at abuse/neglect stage of a parental rights proceeding was of no moment to appeal because he was given appointed counsel during termination hearing, as required by Rule 18). In In re Bryce T., a mother who had discharged her appointed counsel appealed the termination of her parental rights on the grounds that the court should have provided substitute counsel. 764 A.2d 718, (R.I. 2001) (per curiam). Finding that neither Rule 18 nor federal due process required the court to appoint substitute counsel, the court expressed approval of the United States Supreme Court s holding in Lassiter v. Dep t of Soc. Servs. that the Constitution does not require appointment of counsel in every [termination proceeding]. Id. at 721 (citing 452 U.S. 18, 31 (1981)). However, the court did not mention the state constitution. 764 A.2d at 721. See also In re Amber P., 877 A.2d 608, 614 (R.I. 2005) (per curiam) (father proceeding in a termination proceeding needed to appear pro se because he had three times discharged his previous court-appointed counsel). B. Appointment of Counsel for Parent Privately Initiated Proceedings State Statutes and Court Decisions Interpreting Statutes R.I. Gen. Laws (entitled Delinquent and Dependent Children Proceedings in Family Court Services of public defender ) states: Prior to the commencement of any 8
11 hearing, the justice shall advise the parent... that if he or she is financially unable to engage counsel, he or she is entitled to the services of the public defender. This provision is not selflimiting to Title 14 proceedings, so it is possible it applies to Title 15 proceedings as well. State Court Rules and Court Decisions Interpreting Court Rules R.I. R. Juv. P. 18(c)(4) provides for appointment of counsel in contested termination of parental rights proceedings when the parent or custodian is unable to afford representation, and it appears it applies to the adoption statute since adoptions are the way that even the state terminates parental rights. Federal Statutes and Court Decisions Interpreting Statutes In Pacheco v. Bedford, the court weighed whether it would appoint counsel under the federal Americans with Disability Act s (ADA) discretionary appointment provision. 787 A.2d 1210, 1212 (R.I. 2002) (per curiam). The case involved an incarcerated father who sought contempt against the mother for refusing to let their daughter visit him, and the mother countersued to terminate his parental rights. Id. The defendant argued that he was mentally disabled and unable to represent himself in his case. Id. Accordingly, he claimed that he was entitled to court-appointed counsel pursuant to the ADA. Id. The court noted that: In exercising [the] discretion [under the ADA], the trial justice should consider the following factors: 1. Whether the complainant has the financial ability to retain counsel; 2. Whether the complainant has made a diligent effort to retain counsel; 3. Whether the complainant has a meritorious claim; and 4. Whether the complainant is capable of representing himself or herself. Id. at (citing Tyson v. Pitt Cnty. Gov t, 919 F. Supp. 205, 207 (E.D.N.C. 1996)) (internal citations and quotations omitted). The court found that the defendant had not made an effort to retain counsel and that a previous judge had found that the defendant speak[s] intelligently. Id. at Therefore, the court denied the defendant s motion for courtappointed counsel. Id. C. Appointment of Counsel for Child State-Initiated Proceedings Federal Statutes and Court Decisions Interpreting Statutes The Indian Child Welfare Act (ICWA), which governs child welfare proceedings in state 9
12 court, 3 provides the following with regard to any removal, placement, or termination of parental rights proceeding: The court may, in its discretion, appoint counsel for the child upon a finding that such appointment is in the best interest of the child. Where State law makes no provision for appointment of counsel in such proceedings, the court shall promptly notify the Secretary [of the Interior] upon appointment of counsel, and the Secretary, upon certification of the presiding judge, shall pay reasonable fees and expenses out of funds which may be appropriated pursuant to [25 U.S.C. ] U.S.C. 1912(b). The federal Child Abuse Prevention and Treatment Act (CAPTA) provides: A State plan submitted under paragraph (1) shall contain a description of the activities that the State will carry out using amounts received under the grant to achieve the objectives of this subchapter, including... an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes... provisions and procedures requiring that in every case involving a victim of child abuse or neglect which results in a judicial proceeding, a guardian ad litem, who has received training appropriate to the role, including training in early childhood, child, and adolescent development, and who may be an attorney or a court appointed special advocate who has received training appropriate to that role (or both), shall be appointed to represent the child in such proceedings. 42 U.S.C. 5106a(b)(2)(B)(xiii). D. Appointment of Counsel for Child Privately Initiated Proceedings R.I. Gen. Laws (c)(1) specifies that in divorce proceedings, [t]he court may, if in its discretion it deems it necessary or advisable, appoint an attorney or a guardian ad litem to 3 While the ICWA does not appear to have a definitive statement about jurisdiction, 25 U.S.C. 1912(b) contemplates that state law may not provide for appointment of counsel. Additionally, subsection (a) states: In any involuntary proceeding in a State court, where the court knows or has reason to know that an Indian child is involved, the party seeking the foster care placement of, or termination of parental rights to, an Indian child shall notify the parent or Indian custodian and the Indian child s tribe, by registered mail with return receipt requested, of the pending proceedings and of their right of intervention. These provisions, plus the fact that child welfare proceedings typically occur in state court, suggest that ICWA applies in state law proceedings. 10
13 represent the interest of a minor or dependent child with respect to his or her... custody [] and visitation. The statute provides criteria the judge should use in deciding whether to make such an appointment, such as: Id. the extent to which a guardian ad litem may assist in providing information concerning the best interest of the child; the age of the child; the wishes of the parents as well as their financial resources; the nature of the proceeding including the level of contentiousness, allegations of child abuse or domestic violence and the risk of harm to the child if a guardian is not appointed; or conflicts of interest between the child and parents or siblings[.] 5. MISCELLANEOUS A. Civil Contempt Proceedings No law could be located regarding the appointment of counsel for indigent civil litigants in civil contempt proceedings. B. Paternity Proceedings No law could be located regarding the appointment of counsel for indigent litigants in paternity proceedings. C. Proceedings for Judicial Bypass of Parental Consent for a Minor to Obtain an Abortion No law could be located regarding the appointment of counsel for indigent litigants in civil proceedings involving judicial bypass of parental consent for a minor to obtain an abortion. However, this jurisdiction might be one that does not require parental consent. D. Marriage Dissolution/Divorce Proceedings State Statutes and Court Decisions Interpreting Statutes R.I. Gen. Laws (c)(1) specifies that in divorce proceedings, [t]he court may, if in its discretion it deems it necessary or advisable, appoint an attorney or a guardian ad litem to represent the interest of a minor or dependent child with respect to his or her support, custody, and visitation. The statute provides criteria the judge should use in deciding whether to make such an appointment, such as: 11
14 the extent to which a guardian ad litem may assist in providing information concerning the best interest of the child; the age of the child; the wishes of the parents as well as their financial resources; the nature of the proceeding including the level of contentiousness, allegations of child abuse or domestic violence and the risk of harm to the child if a guardian is not appointed; or conflicts of interest between the child and parents or siblings[.] Id. E. Proceedings Involving Illegal Transport of Explosives State Statutes and Court Decisions Interpreting Statutes If a vehicle, vessel, or aircraft is subject to seizure or forfeiture on the grounds that it is intentionally used by its owner to transport explosives illegally, the court must appoint counsel to represent any owner who is either out of state or unknown. R.I. Gen. Laws (c). 12
15 Law Addressing Authorization or Requirement to Appoint Counsel in Civil Proceedings Generally Federal Statutes and Court Decisions Interpreting Statutes As part of the federal Servicemembers Civil Relief Act (SCRA), which applies to each state, 4 50 U.S.C applies to all civil proceedings (including custody) 5 and provides: 3931(b)(2). If in an action covered by this section it appears that the defendant is in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed under this section to represent a servicemember cannot locate the servicemember, actions by the attorney in the case shall not waive any defense of the servicemember or otherwise bind the servicemember. Additionally, 3932, which also applies to all civil proceedings (including custody), 6 specifies that a service member previously granted a stay may apply for an additional stay based on a continuing inability to appear, while subsection (d)(2) states: If the court refuses to grant an additional stay of proceedings under paragraph (1), the court shall appoint counsel to represent the servicemember in the action or proceeding U.S.C. 3912(a)(2) states: This chapter applies to... each of the States, including the political subdivisions thereof[.] 5 Subsection 3931(a) states: This section applies to any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance. 6 Section 3932 applies to any civil action or proceeding, including any child custody proceeding, in which the plaintiff or defendant at the time of filing an application under this section... (1) is in military service or is within 90 days after termination of or release from military service; and (2) has received notice of the action or proceeding. 3932(a). 13
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings NEBRASKA
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings NEBRASKA Copyright 2017 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings HAWAII
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings HAWAII Copyright 2017 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings CONNECTICUT
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings CONNECTICUT Copyright 2017 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings NORTH CAROLINA
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings NORTH CAROLINA Copyright 2017 American Bar Association All rights reserved. American Bar Association
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings WISCONSIN
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings WISCONSIN Copyright 2017 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings ALABAMA
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings ALABAMA Copyright 2017 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings CALIFORNIA
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings CALIFORNIA Copyright 2016 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings IOWA
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings IOWA Copyright 2017 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings KANSAS
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings KANSAS Copyright 2017 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings INDIANA
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings INDIANA Copyright 2017 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings ARKANSAS
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings ARKANSAS Copyright 2017 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings ARIZONA
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings ARIZONA Copyright 2017 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings TENNESSEE
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings TENNESSEE Copyright 2016 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings MARYLAND
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings MARYLAND Copyright 2017 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings LOUISIANA
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings LOUISIANA Copyright 2017 American Bar Association All rights reserved. American Bar Association Standing
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings TEXAS
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings TEXAS Copyright 2016 American Bar Association All rights reserved. American Bar Association Standing
More informationGIDEON S BROKEN PROMISE:
GIDEON S BROKEN PROMISE: AMERICA S CONTINUING QUEST FOR EQUAL JUSTICE A Report on the American Bar Association's Hearings on the Right to Counsel in Criminal Proceedings DECEMBER 2004 American Bar Association
More informationNavajo Children s Code Rules of Procedure
Navajo Children s Code Rules of Procedure Cite as N.N.C.C.R.P. These rules were adopted by Order of the Navajo Nation Supreme Court (No. SC-SP-01-95) on October 4, 1995, and became effective on November
More informationRhode Island UCCJEA R.I. Gen. Laws et seq.
Rhode Island UCCJEA R.I. Gen. Laws 15-14.1-1 et seq. 15-14.1-1. Short title This chapter may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act." 15-14.1-2. Definitions As used in
More informationPart 1 Rules for the Continued Delivery of Services in Non- Capital Criminal and Non-Criminal Cases at the Trial Level
Page 1 of 17 Part 1 Rules for the Continued Delivery of Services in Non- Capital Criminal and Non-Criminal Cases at the Trial Level This first part addresses the procedure for appointing and compensating
More informationIN THE SUPREME COURT OF TENNESSEE AT NASHVILLE
IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE IN RE: AMENDMENTS TO TENNESSEE RULES OF JUVENILE PROCEDURE Filed: January 2, 2007 O R D E R The Court adopts the attached amendments effective July 1, 2007,
More informationGuam UCCJEA 7 Guam Code Ann , et sec.
Guam UCCJEA 7 Guam Code Ann. 39101, et sec. ARTICLE 1 GENERAL PROVISIONS 39101. Short title This Act may be cited as the Uniform Child-Custody Jurisdiction and Enforcement Act. 39102. Definitions In this
More informationAMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings NEW YORK
AMERICAN BAR ASSOCIATION Directory of Law Governing Appointment of Counsel in State Civil Proceedings NEW YORK Copyright 2018 American Bar Association All rights reserved. American Bar Association Standing
More informationNC General Statutes - Chapter 7B 1
Chapter 7B. Juvenile Code. SUBCHAPTER I. ABUSE, NEGLECT, DEPENDENCY. Article 1. Purposes; Definitions. 7B-100. Purpose. This Subchapter shall be interpreted and construed so as to implement the following
More informationIC ARTICLE 30. JUVENILE LAW: JUVENILE COURT JURISDICTION
IC 31-30 ARTICLE 30. JUVENILE LAW: JUVENILE COURT JURISDICTION IC 31-30-1 Chapter 1. Jurisdiction Generally IC 31-30-1-0.1 Application of certain amendments to chapter Sec. 0.1. The following amendments
More informationLocal Rules Governing Juvenile Delinquency and Undisciplined Proceedings In The 26 th Judicial District. November 2011
Local Rules Governing Juvenile Delinquency and Undisciplined Proceedings In The 26 th Judicial District November 2011 LOCAL RULES GOVERNING JUVENILE DELINQUENCY AND UNDISCIPLINED PROCEEDINGS IN THE 26
More informationINDEPENDENT STUDY: ACCESS TO CIVIL JUSTICE IN NORTH CAROLINA KELLEY L. GONDRING CENTER ON POVERTY, WORK, AND OPPORTUNITY
INDEPENDENT STUDY: ACCESS TO CIVIL JUSTICE IN NORTH CAROLINA KELLEY L. GONDRING CENTER ON POVERTY, WORK, AND OPPORTUNITY Justice for all was never meant to be justice for all who can afford it. 1 A lawyer
More informationSupreme Court of Virginia CHART OF ALLOWANCES
Supreme Court of Virginia CHART OF ALLOWANCES February 1, 2018 Supreme Court of Virginia Office of the Executive Secretary Department of Fiscal Services 804/786-6455 www.courts.state.va.us Policy Requiring
More informationOHIO RULES OF JUVENILE PROCEDURE
OHIO RULES OF JUVENILE PROCEDURE Rule 1 Scope of rules: applicability; construction; exceptions 2 Definitions 3 Waiver of rights 4 Assistance of counsel; guardian ad litem 5 Use of juvenile s initials
More informationNC General Statutes - Chapter 35B 1
Chapter 35B. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Article 1. General Provisions. 35B-1. Short title and legislative purpose. (a) This Chapter may be cited as the Uniform
More information(H.581) It is hereby enacted by the General Assembly of the State of Vermont:
No. 170. An act relating to guardianship of minors. (H.581) It is hereby enacted by the General Assembly of the State of Vermont: Sec. 1. 14 V.S.A. chapter 111, subchapter 2, article 1 is amended to read:
More informationRule Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code section 366.
Rule 8.450. Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code section 366.26 (a) Application Rules 8.450 8.452 and 8.490 govern writ petitions to
More informationPROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION Act of Jul. 5, 2012, P.L.
PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION Act of Jul. 5, 2012, P.L. 975, No. 108 Cl. 20 Session of 2012 No. 2012-108 HB 1720
More informationIndiana UCCJEA Ind. Code Ann
Indiana UCCJEA Ind. Code Ann. 31-21 Chapter 1. Applicability Sec. 1. This article does not apply to: (1) an adoption proceeding; or (2) a proceeding pertaining to the authorization of emergency medical
More informationUniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act This Act: establishes procedures for determining where jurisdiction lies in guardianship and conservatorship proceedings when the
More informationAlaska UCCJEA Alaska Stat et seq.
Alaska UCCJEA Alaska Stat. 25.30.300 et seq. Sec. 25.30.300. Initial child custody jurisdiction (a) Except as otherwise provided in AS 25.30.330, a court of this state has jurisdiction to make an initial
More informationUNPUBLISHED In re EBERHARDT/WELCH, Minors. May 15, 2018
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S UNPUBLISHED In re EBERHARDT/WELCH, Minors. May 15, 2018 No. 341365 Macomb Circuit Court Family Division LC Nos. 2016-000238-NA 2016-000239-NA 2016-000240-NA
More informationUNPUBLISHED In re C. A. CERASOLI, Minor. February 22, 2018
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S UNPUBLISHED In re C. A. CERASOLI, Minor. February 22, 2018 No. 338675 Tuscola Probate Court LC No. 17-035626-GM Before: STEPHENS, P.J., and CAVANAGH
More informationREGULATIONS FOR THE APPOINTMENT OF COUNSEL IN THE FOURTEENTH JUDICIAL DISTRICT IN CASES UNDER THE INDIGENT DEFENSE SERVICES ACT
REGULATIONS FOR THE APPOINTMENT OF COUNSEL IN THE FOURTEENTH JUDICIAL DISTRICT IN CASES UNDER THE INDIGENT DEFENSE SERVICES ACT I. Preamble Pursuant to Rule 1.5 of the Rules for the Continued Delivery
More informationNevada UCCJEA Nev. Rev. Stat. 125A.005 et seq.
Nevada UCCJEA Nev. Rev. Stat. 125A.005 et seq. 125A.005. Short title This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. 125A.015. Definitions As used in this chapter,
More informationProposal by Judge Conway to amend various juvenile rules to conform to P.A On 9-17-
Proposal by Judge Conway to amend various juvenile rules to conform to P.A. 18-31. On 9-17- 18, RC tabled the matter to its 10-15-18 meeting in order to review the proposed changes fully. STATE OF CONNECTICUT
More informationFAMILY COURT LOCAL RULES DELINQUENT AND UNDISCIPLINED JUVENILES JUVENILE COURT 28 TH JUDICIAL DISTRICT TABLE OF CONTENTS
FAMILY COURT LOCAL RULES DELINQUENT AND UNDISCIPLINED JUVENILES JUVENILE COURT 28 TH JUDICIAL DISTRICT TABLE OF CONTENTS Rule 1. Scope, Construction and Enforcement Rule 2. Appointment of Counsel Rule
More information18 USC 3006A. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS 3006A. Adequate representation of defendants (a) Choice of Plan. Each United States district court,
More informationCHAPTER 36 (CORRECTED COPY)
CHAPTER 36 (CORRECTED COPY) AN ACT concerning adult guardianship proceedings and revising various parts of the statutory law and supplementing Title 3B of the New Jersey Statutes. BE IT ENACTED by the
More informationNC General Statutes - Chapter 50A 1
Chapter 50A. Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act. Article 1. Uniform Child Custody Jurisdiction Act. 50A-1 through 50A-25: Repealed
More information- 79th Session (2017) Assembly Bill No. 440 Assemblyman Yeager
Assembly Bill No. 440 Assemblyman Yeager CHAPTER... AN ACT relating to mental health; authorizing a proceeding for the involuntary court-ordered admission of a criminal defendant to a program of community-based
More informationFAMILY COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU - PART 8
FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU - PART 8 COMBINED PART RULES & PROCEDURES Family Court Judge: Court Attorney: Secretary: Part Clerk: HON. MERIK R. AARON KRISTEN REANY, ESQ. MICHELLE
More informationUNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT
UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 817. Short Title: Enact Uniform Law on Adult Guardianship. (Public)
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION H 1 HOUSE BILL Short Title: Enact Uniform Law on Adult Guardianship. (Public) Sponsors: Referred to: Representatives R. Turner, Meyer, Farmer-Butterfield, and
More informationFLORIDA RULES OF JUVENILE PROCEDURE TABLE OF CONTENTS
FLORIDA RULES OF JUVENILE PROCEDURE TABLE OF CONTENTS CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES...10 PART I. RULES OF GENERAL APPLICATION...13 RULE 8.000. SCOPE AND PURPOSE...13 RULE 8.003. FAMILY
More informationCHAPTER 53 UNIFORM ADULT GUARDIANSHIP JURISDICTION
2017 WISCONSIN ACT 187 AN ACT to repeal 54.34 (3) (a) to (j) and 54.38 (1m); to renumber and amend 54.34 (3) (intro.); to amend 54.30 (1), 54.34 (1) (intro.) and 54.44 (1) (c) 1.; and to create chapter
More informationArizona UCCJEA Ariz. Rev. Stat et seq.
Arizona UCCJEA Ariz. Rev. Stat. 25-1001 et seq. 25-1001. Short title This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. 25-1002. Definitions In this chapter, unless
More information(1) A separate guardianship must be filed and a corresponding case file established for each proposed ward.
The Ohio Supreme Court adopted Ohio Rules of Superintendence Rules 66.01 through 66.09 effective June 1, 2015. The Court finds that the adoption of those new rules mandates the establishment of certain
More informationDUTIES OF A MAGISTRATE. Presented by: Judge Suzan Thompson Justice of the Peace, Precinct #2 Matagorda County, Texas
DUTIES OF A MAGISTRATE Presented by: Judge Suzan Thompson Justice of the Peace, Precinct #2 Matagorda County, Texas sthompson@co.matagorda.tx.us Warning Defendants of Their Rights and Setting Bail WHO
More informationSUMMARY Revises provisions regulating certain abortions. (BDR ) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
SUMMARY Revises provisions regulating certain abortions. (BDR 40-755) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. AN ACT relating to abortions; revising provisions
More informationNC General Statutes - Chapter 15A Article 85 1
Article 85. Parole. 15A-1370.1. Applicability of Article 85. This Article is applicable to all prisoners serving sentences of imprisonment for convictions of impaired driving under G.S. 20-138.1. This
More informationFrequently Asked Questions: The Sex Offender Registration and Notification Act (SORNA) Proposed Guidelines
Frequently Asked Questions: The Sex Offender Registration and Notification Act (SORNA) Proposed Guidelines Background 1. What does the term SORNA mean? 2. What is the Federal role in the administration
More informationToday s Agenda. Hon. Donald Owens. Juvenile Rules moved. Effective Date. From Chapter 5 to Chapter 3 of MCR
The Michigan Judicial Institute presents: Today s Agenda REVIEW OF THE NEW JUVENILE PROCEEDINGS RULES Faculty: Hon. Donald Owens Mr. William Bartlam Mr. Tobin Miller 8:30 am 10:00 am 12:00 noon 2:30 pm
More informationJUVENILE JUSTICE REFORM FIXES
Updated April 9, 2015 Prepared By Louis Tobin, Esq., Legislative Liaison JUVENILE JUSTICE REFORM FIXES Looking for a Sponsor TITLE INFORMATION To amend sections 2152.121, 2152.52, 2152.53, 2152.54, and
More informationCHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 522
CHAPTER 2014-2 Committee Substitute for Committee Substitute for Senate Bill No. 522 An act relating to involuntary civil commitment of sexually violent predators; amending s. 394.912, F.S.; redefining
More informationNo An act relating to jurisdiction of delinquency proceedings. (H.751) It is hereby enacted by the General Assembly of the State of Vermont:
No. 159. An act relating to jurisdiction of delinquency proceedings. (H.751) It is hereby enacted by the General Assembly of the State of Vermont: Sec. 1. 33 V.S.A. 5103 is amended to read: 5103. JURISDICTION
More informationCRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS Act of Jul. 5, 2012, P.L. 880, No. 91 Cl. 18 Session of 2012 No.
HB 75 CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS Act of Jul. 5, 2012, P.L. 880, No. 91 Cl. 18 Session of 2012 No. 2012-91 AN ACT Amending Titles 18 (Crimes and Offenses)
More informationVIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011)
VIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011) RULE Rule 1. Scope of Rules; Terms; Sessions; Seal; Filing in Superior Court. (a) Title and Citation (b) Scope of Rules (c) Authority for
More informationMINNESOTA. Chapter Title: DOMESTIC ABUSE Section: 518B.01. As used in this section, the following terms shall have the meanings given them:
518B.01 Domestic Abuse Act. Subdivision 1. Short title. MINNESOTA Chapter Title: DOMESTIC ABUSE Section: 518B.01 This section may be cited as the Domestic Abuse Act. Subd. 2. Definitions. As used in this
More informationAs Introduced. 132nd General Assembly Regular Session S. B. No
132nd General Assembly Regular Session S. B. No. 64 2017-2018 Senator Thomas Cosponsors: Senators Yuko, Brown, Tavares, Williams, Lehner A B I L L To amend sections 109.57, 2151.23, 2152.02, 2152.021,
More informationPart 3 Rules for Providing Legal Representation in Non- Capital Criminal Appeals and Non-Criminal Appeals
Page 1 of 13 Part 3 Rules for Providing Legal Representation in Non- Capital Criminal Appeals and Non-Criminal Appeals This third part addresses the procedure to be followed when a person is entitled to
More informationXIII. Probate Guardianship Proceedings
~ 76 ~ XIII. Probate Guardianship Proceedings The ICWA is applicable to guardianships of the person or conservatorship proceedings that take place outside of the juvenile court. 1 Such cases are typically
More informationDraft Rules on Privacy and Access to Court Records
Draft Rules on Privacy and Access to Court Records As Approved by the Judicial Council of Virginia, March, 2008 Part Nine Rules for Public Access to Court Records Rule 9:1. Purpose; Construction. Rule
More informationIN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA , -8899, -8902, v , -9669
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA DORIAN RAFAEL ROMERO, Movant/Petitioner, Case Nos. 2008-cf-8896, -8898, -8899, -8902, v. -9655, -9669 THE STATE OF FLORIDA,
More informationICAOS Rules. General information
ICAOS Rules General information Effective Date: March 01, 2018 Introduction The Interstate Commission for Adult Offender Supervision is charged with overseeing the day-to-day operations of the Interstate
More informationFirst Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED. Bill Summary
First Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED LLS NO. -00.0 Jerry Barry x SENATE BILL - SENATE SPONSORSHIP Lee, HOUSE SPONSORSHIP Weissman and Landgraf, Senate Committees
More informationARKANSAS ADULT ABUSE ACT Definitions. As used in this chapter, unless the context otherwise requires:
Subchapter 1 General Provisions ARKANSAS ADULT ABUSE ACT 5-28-101. Definitions. As used in this chapter, unless the context otherwise requires: 1. "Endangered adult" means: A. An adult eighteen (18) years
More informationCHAPTER Committee Substitute for Senate Bill No. 1088
CHAPTER 2007-62 Committee Substitute for Senate Bill No. 1088 An act relating to due process; amending s. 27.40, F.S.; providing for offices of criminal conflict and civil regional counsel to be appointed
More informationFOR PUBLIC DISTRIBUTION
FOR PUBLIC DISTRIBUTION CIRCUIT COURT FEE SCHEDULE OREGON JUDICIAL DEPARTMENT Effective October 1, 2013 ADOPTION First appearance by petitioner, respondent, or other party in adoption under ORS 21.135(1),(2)(d)
More informationGuardianship and Conservatorship
Guardianship and Conservatorship GENERAL OVERVIEW A. CONSERVATORSHIP AND GUARDIANSHIP: A conservatorship or guardianship is established through a legal action, or proceeding. The person who files a petition
More informationCase: 1:12-cv Document #: 171 Filed: 09/30/16 Page 1 of 7 PageID #:5200
Case: 1:12-cv-08594 Document #: 171 Filed: 09/30/16 Page 1 of 7 PageID #:5200 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION DAVID JOHNSON, et al., ) ) Plaintiffs,
More informationA. Definitions. When used in this Part, and hereafter in this Chapter, except as otherwise indicated, the following definitions shall apply:
515 RICR 10 00 1 TITLE 515 COMMISSION FOR HUMAN RIGHTS CHAPTER 10 OPERATION SUBCHAPTER 00 N/A PART 1 Definitions and General Applicability 1.1 Authorization The following Regulations of the Rhode Island
More informationINSTRUCTIONS FOR APPOINTMENT OF A GUARDIAN ADULT
INSTRUCTIONS FOR APPOINTMENT OF A GUARDIAN ADULT These standard instructions are for informational purposes only and are not meant to be legal advice about your specific case. If you choose to represent
More informationAdopted November 10, 2000, by Chief District Court Judge John W. Smith. See Separate Section on Rules governing Criminal and Juvenile Courts Rule
LOCAL RULES FOR THE DISTRICT COURTS OF THE FIFTH JUDICIAL DISTRICT FAMILY COURT, DOMESTIC, CIVIL AND GENERAL RULES NEW HANOVER AND PENDER COUNTIES, NORTH CAROLINA Adopted November 10, 2000, by Chief District
More informationADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
HONORABLE JOHN D. BATES Director ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS WASHINGTON, D.C. 20544 July 31, 2014 MEMORANDUM To: From: Chief Judges, United States Courts of Appeals Chief Judges,
More informationCHAPTER 10: GUARDIANSHIP IN PENNSYLVANIA
(800) 692-7443 (Voice) (877) 375-7139 (TDD) www.disabilityrightspa.o rg CHAPTER 10: GUARDIANSHIP IN PENNSYLVANIA I. ALTERNATIVES TO GUARDIANSHIP 2 II. GUARDIANSHIP PROCEEDINGS 4 A. Starting A Guardianship
More informationc t MENTAL HEALTH ACT
c t MENTAL HEALTH ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 6, 2013. It is intended for information and reference
More informationNC General Statutes - Chapter 15A Article 46 1
Article 46. Crime Victims' Rights Act. 15A-830. Definitions. (a) The following definitions apply in this Article: (1) Accused. A person who has been arrested and charged with committing a crime covered
More informationDodge County. 1) Rules of Decorum. (Sixth Judicial District)
Dodge County (Sixth Judicial District) 1. Rules of Decorum 2. Civil Practice 3. Rules of Criminal Procedure 4. Rules of Family Court Procedure 5. Filing of Papers by Electronic Filing and Facsimile Transmission
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR
Filed 2/24/09 In re J.I. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication
More informationColorado Supreme Court
FROM THE COURTS COURT BUSINESS Colorado Supreme Court Rule 55. Court Order Supporting Deed of Distribution Rule 56. Foreign Personal Representatives Rule 57. Reserved Rule 58. Reserved Rule 59. Reserved
More informationMISSOURI VICTIMS RIGHTS LAWS¹
CONSTITUTION Article I, 32. Crime victims' rights MISSOURI VICTIMS RIGHTS LAWS¹ 1. Crime victims, as defined by law, shall have the following rights, as defined by law: (1) The right to be present at all
More informationPRO-SE PACKET GUARDIANSHIP -- MINOR PERSON
PRO-SE PACKET GUARDIANSHIP -- MINOR PERSON FAMILY COURT OF THE FIRST CIRCUIT This packet describes the steps necessary to establish a guardianship of a minor under the new Act 161 of 2004, which was effective
More informationGUARDIANSHIP OF AN ADULT IN MASSACHUSETTS. Prepared by the Mental Health Legal Advisors Committee December 2015
1 GUARDIANSHIP OF AN ADULT IN MASSACHUSETTS Prepared by the Mental Health Legal Advisors Committee December 2015 This pamphlet describes Massachusetts law regarding guardianships of adults only. Guardianship
More informationCase 8:13-mc Document 1 Filed 10/01/13 Page 1 of 9. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Southern Division
Case 8:13-mc-00584 Document 1 Filed 10/01/13 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Southern Division CARGYLE BROWN SOLOMON, Plaintiff, v. Civil Case No.: PWG-13-2436
More informationBail: An Abridged Overview of Federal Criminal Law
Bail: An Abridged Overview of Federal Criminal Law Charles Doyle Senior Specialist in American Public Law July 31, 2017 Congressional Research Service 7-5700 www.crs.gov R40222 Summary This is an overview
More informationImmigration Issues in Child Welfare Proceedings
Immigration Issues in Child Welfare Proceedings National Council of Juvenile and Family Court Judges June 2014 Steven Weller and John A. Martin Center for Public Policy Studies Immigration and the State
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 H 2 HOUSE BILL 725 Committee Substitute Favorable 6/12/13
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1 H HOUSE BILL Committee Substitute Favorable /1/1 Short Title: Young Offenders Rehabilitation Act. (Public) Sponsors: Referred to: April, 1 1 1 1 A BILL TO BE
More informationOptions of court at dispositional hearing. If in its decree the juvenile court finds that the child comes within the purview of this chapter,
635.060 Options of court at dispositional hearing. If in its decree the juvenile court finds that the child comes within the purview of this chapter, the court, at the dispositional hearing, may impose
More informationUNIFORM INTERSTATE FAMILY SUPPORT ACT Act 310 of The People of the State of Michigan enact:
UNIFORM INTERSTATE FAMILY SUPPORT ACT Act 310 of 1996 AN ACT to make uniform the laws relating to interstate family support enforcement; and to repeal acts and parts of acts. The People of the State of
More informationSTATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS
STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS FOR VICTIM TO SIGN: I,, victim of the crime of, (victim) (crime committed) committed on, by in, (date) (name of offender,
More informationNOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE
Filed 6/29/15 In re Christian H. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
More informationTITLE 24. DOMESTIC VIOLENCE CODE ARTICLE I GENERAL PROVISIONS
TITLE 24. DOMESTIC VIOLENCE CODE ARTICLE I GENERAL PROVISIONS CHAPTER 1. GENERAL PROVISIONS...24-1-1 Sec. 24-1101. Title...24-1-1 Sec. 24-1102. Policy and Purpose...24-1-1 Sec. 24-1103. Jurisdiction......24-1-1
More informationReferred to Committee on Health and Human Services. SUMMARY Revises provisions governing mental health. (BDR )
A.B. ASSEMBLY BILL NO. COMMITTEE ON HEALTH AND HUMAN SERVICES (ON BEHALF OF THE NORTHERN REGIONAL BEHAVIORAL HEALTH POLICY BOARD) PREFILED NOVEMBER, 0 Referred to Committee on Health and Human Services
More informationAssistant County Attorney
Assistant County Attorney Date Posted: March 20, 2017 Department: County Attorney Compensation: $33.71 per hour Hours 40 hours per week Deadline: Friday, March 31, 2017 at 4:30pm A thorough background
More information