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Where Are the Public Civil Defenders?

Where Are the Public Civil Defenders?. Access to Justice & Technology Professor Ronald W. Staudt Presented by: Grace Song. Introduction. Why indigent civil defendants need more protection Equal footing 2. Cost Containment.

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Where Are the Public Civil Defenders?

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  1. Where Are the Public Civil Defenders? Access to Justice & Technology Professor Ronald W. Staudt Presented by: Grace Song

  2. Introduction • Why indigent civil defendants need more protection • Equal footing 2. Cost Containment

  3. Constitutional Right to Counsel in the Criminal Justice System • Fifth Amendment: • Privilege against self-incrimination • Sixth Amendment: • “In all criminal prosecutions, the accused shall enjoy the right… to have the Assistance of Counsel for his defense.” • Kirby v. Illinois, 406 U.S. 682

  4. Right to Appointed Counsel in Criminal Cases • Sixth Amendment: Right to counsel for federal criminal indigent defendants • Powell v. Alabama, 287 U.S. 45 (1932) • “Fundamental liberty right” • Deprivation of liberty • Imbalance of parties

  5. Right to Appointed Counsel in Criminal Cases • Gideon v. Wainwright, 372 U.S. 335 (1963): • Right to counsel for federal andstate criminal indigent defendants • “All criminal proceedings” • Argersinger v. Hamlin, 407 U.S. 25 (1972): • Deprivation of physical liberty  Incarceration

  6. No Right to Appointed Counsel in Civil Cases • Lassiter v. Department of Social Services, 452 U.S. 18 (1981): • No deprivation of physical liberty

  7. Indigent Civil Defendants: Right to Appointed Counsel in Quasi-Criminal Cases Due Process Clause of the Fourteenth Amendment • Juvenile Delinquency • Civil Commitment • Civil Contempt

  8. Deprivation of Liberty Interests • Termination of Parental Rights • Paternity Actions • Deportation • Housing • Divorce

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