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Civil appellate, criminal appellate, and criminal trial lawyer at 704 North Thompson Street, #157, Conroe, Texas 77301-2578, (936) 494-1393.
Showing posts with label indigent. Show all posts
Showing posts with label indigent. Show all posts

Friday, February 10, 2017

Are There Any Situations in Which a Civil Litigant Has a Right to Appointed Counsel in a Texas State Court?

We're not talking here about criminal cases. We're not talking here about federal cases. Though Texas juvenile proceedings are designated as civil instead of criminal, the criminal counsel appointment rules apply.  Sexually violent predator civil commitment is supposed to be civil-- it may oversimplify to say that the criminal counsel appointment rules apply (a criminal defendant has to be competent to stand trial, an SVPCC respondent does not, and such a person can have a guardian ad litem)  and in Texas civil proceedings, except for a very few statutory exceptions, the default rule is that civil litigants do not have a right to appointed counsel. 

 In one in a million cases, a judge might appoint counsel for an unrepresented party-- there is no budget for this kind of thing, but a judge might ask a lawyer buddy to take a case on a pro bono publico basis. 

Let's start with regular old civil lawsuits, money or property or injunction suits.

Now, though, appointments might come for minors or adult incompetents and have to be paid for by one, some, or all of the parties. 

But indigent parents in state-initiated proceedings to terminate a parent's rights have the right to counsel, and courts have the duty to inform the indigent parents of this right.

Saturday, December 10, 2016

Which Criminal Defendants Have the Right to Appointed Counsel at Trial and on Appeal?

The Sixth Amendment guarantees indigent defendants, in state and federal criminal proceedings, appointed counsel in any case in which a term of imprisonment is imposed.United States v. Bryant, 136 S. Ct. 1954, 1958, 195 L. Ed. 2d 317 (2016) The federal constitution imposes on the states no obligation to provide appellate review of criminal convictions. McKane v. Durston, 153 U.S. 684, 687 (1894). Where an indigent has only one appeal, that person has a right to counsel as to that appeal. Douglas v. Cal., 372 U.S. 353, 357 (1963). A state need not appoint counsel to aid a poor person in discretionary appeals to the State's highest court, or in petitioning for review in the Supreme Court of the United States. Cf. Ross v. Moffitt, 417 U.S. 600, 615 (U.S. 1974).


Monday, July 11, 2016

Getting an Appellant's Reporter's Record-- Poor or Rich

Within the time for perfecting the appeal, an appellant who is unable to pay for the appellate record may, by motion and affidavit, ask the trial court to have the appellate record furnished without charge.[1] If after hearing the motion the court finds that the appellant cannot pay or give security for the appellate record, the court must order the reporter to transcribe the proceedings.[2] When the court certifies that the appellate record has been furnished to the appellant, the reporter must be paid from the general funds of the county in which the offense was committed, in the amount set by the trial court.[3]