Category Archives: Access to Counsel

Interesting Simplifiation/Right to Counsel Argument from Justice Sotamayor in Immigration Case

Yesterdays immigration opinion, MONCRIEFFE v. HOLDER, from the Supreme Court, holding possession of small amounts of marijuana outside the definition of “aggravated felony” ineligible for discretionary relief from deportation, contains an interesting nugget for possible citation in simplification and right … Continue reading

Posted in Access to Counsel, Immigration, Simplification, Supreme Court | Comments Off on Interesting Simplifiation/Right to Counsel Argument from Justice Sotamayor in Immigration Case

Thoughts on a Discouraging Post-Turner Decision from the GA Court of Appeals

The Georgia Court of Appeals (intermediate appellate court), in a complex, but none-the-less discouraging and hard to understand (in both senses of the phrase) decision has de-certified the class in a case designed to answer a question left open in … Continue reading

Posted in Access to Counsel, Child Support | Comments Off on Thoughts on a Discouraging Post-Turner Decision from the GA Court of Appeals

National Coalition on Civil Right to Counsel Listing of Gideon Events

The National Counsel on Civil Right to Counsel has put up a nice website on the events organized around the Gideon anniversary. Upcoming events include those in San Fransciso, DC, Durham NC, and Boston (Harvard – I will be speaking). … Continue reading

Posted in Access to Counsel, Criminal Law, Defender Programs | Comments Off on National Coalition on Civil Right to Counsel Listing of Gideon Events

Troubling Post Turner Decision from the Wyoming Supreme Court

In State Dept. of Family Services v. Currier, 2013 WY 16, the Wyoming Supreme Court rejected the claim that the risk of incarceration required appointment of counsel in civil contempt child support cases in which the relief was sought by … Continue reading

Posted in Access to Counsel, Supreme Court | 2 Comments

Turner Lives

An Ohio intermediate appellate court of appeals case, Crain v. Crain, 2012-Ohio-6180http://www.supremecourt.ohio.gov/rod/docs/pdf/2/2012/2012-ohio-6180.pdf correctly reads Turner v. Rogers, and reverses a contempt judgement in which counsel was denied. The defendant had been found in civil contempt for failure to make child … Continue reading

Posted in Access to Counsel, Child Support, Supreme Court, Triage | Comments Off on Turner Lives

Branding Right to Counsel

I am, with his permission, sharing something that John Pollock, of the Civil Right to Counsel Coalition, found out and shared on the group’s list. He points out that there has been debate about whether to talk about “civil Gideon” … Continue reading

Posted in Access to Counsel | Comments Off on Branding Right to Counsel

New York Bar Application Pro Bono Requirment Gets Attention

The New York Courts have finalized the bar applicant mandatory pro bono rules.  The National Center for Access to Justice blogs with the details and links here. But the bigger picture news is how much attention this has gotten.  Look … Continue reading

Posted in Access to Counsel, Pro Bono | Tagged | 1 Comment

Request for Examples of Courts Providing Information on Legal Aid and Access to Counsel Services

Jim Greiner at Harvard (the prof who did the randomized studies in Massachusetts) is trying to find samples of courts who attach notices or flyers to summonses or other early-in-the-litigation-type papers that say something to the effect of, “If you … Continue reading

Posted in Access to Counsel, Court Management | 2 Comments

Department of Justice and Office of Child Support (HHS) Anounce Webcast Forum on Turner v. Rogers on June 20

I am proud that I will be part of a live and streamed Forum on Turner, on its first anniversary. Here is the announcement: Turner v. Rogers Anniversary Forum:  Fundamental Fairness and the Ability to Pay in Child Support Proceedings … Continue reading

Posted in Access to Counsel, Dept. of Justice, Judicial Ethics, Self-Help Services | Tagged , | Comments Off on Department of Justice and Office of Child Support (HHS) Anounce Webcast Forum on Turner v. Rogers on June 20

MIE Journal Article on Relationship of Right to Counsel and Self-Represented Litigant Movements

Management Information Exchange Journal has just published an article of mine called: The Relationship of the Right to Counsel and Self-Represented Litigant Movements.  The paper attempts to identify the common assumptions of the two movements, the possible sources of their … Continue reading

Posted in Access to Counsel, Self-Help Services, Systematic Change, Triage | Comments Off on MIE Journal Article on Relationship of Right to Counsel and Self-Represented Litigant Movements

Boston Bar Releases Its Report on Housing Studies

The Boston Bar Association Task Force on the Civil Right to Counsel has just issued its Report on the pilots that it made possible, and that were the subject of, Jim Greiner’s randomization studies.  The Report includes survey data and … Continue reading

Posted in Access to Counsel, Research and Evalation | 2 Comments

Procedurally and Substantively Interesting Right to Counsel Case in Mass

It may be no surprise that the Massachusetts Supreme Judicial Court found a right to counsel in child adoption proceedings in which the adoption is sought by a private party, and the petition is opposed. (Follow this link, select SJC … Continue reading

Posted in Access to Counsel | Tagged | Comments Off on Procedurally and Substantively Interesting Right to Counsel Case in Mass

California Courts Issue RFP for Evaluation of Shriver Project

This is an important step for the evaluation of the access to counsel pilot passed by the California Legislature, and for which the first round of underlying program awards have already been made.  The RFP is here, and proposals are … Continue reading

Posted in Access to Counsel, Research and Evalation | Tagged , | Comments Off on California Courts Issue RFP for Evaluation of Shriver Project

Inherent Authority to Appoint Counsel — Montana Supreme Court Order — Wisconsin Hearing

This is interesting.  On December 6, 2011, the Montana Supreme Court unanimously entered an  Order appointing counsel for a mother in a guardianship case.  The trial court had refused, citing lack of satutory authority.   The state Supreme Court held … Continue reading

Posted in Access to Counsel | Tagged , | Comments Off on Inherent Authority to Appoint Counsel — Montana Supreme Court Order — Wisconsin Hearing

RAND Randomized Study of Murder Representation Shows Much Better Outcomes for Salaried Defenders Than Assigned Counsel

A newly released report from RAND, summarized in a NYT editorial, reports radically better outcomes for public defender represented murder defendants that those assigned to a private lawyer. The Philadelphia study was randomized, removing most of the likely methodological objections.  … Continue reading

Posted in Access to Counsel, Criminal Law, Mixed Model, Research and Evalation | Comments Off on RAND Randomized Study of Murder Representation Shows Much Better Outcomes for Salaried Defenders Than Assigned Counsel