New California Statue Affords Right to Counsel in Certain Civil Cases

New California Statue Affords Right to Counsel in Certain Civil Cases

In 1963, the Supreme Court in Gideon v. Wainwright afforded the right to government paid counsel in criminal cases. This right however, was never extended in civil cases. Recently, California passed new legislation which expanded this right to include certain civil cases. The law created is a 6 year pilot program called the Sargent Shriver Civil Counsel Act, and takes effect July 2011.

The measure provides free legal counsel for qualifying individuals, in civil matters involving critical issues affecting basic human needs. More than 4.3 million Californians are believed to be unrepresented in civil matters simply because they cannot afford an attorney to represent their rights.

This new statue will include a right for free counsel on matters involving domestic violence, civil harassment restraining orders, probate conservatorships, guardianships, elder abuse, and housing issues. The law also states that proposals to provide counsel in family law cases, specifically child custody issues are of a high priority for funding based on the vast number of unrepresented persons in family law matters.

The total projection cost for this program is expected to be $11 million a year and funds will come from a $10 allocation of existing court fees. California one of the first states to create a civil right to counsel program of this kind and the legislation's passage comes a few years after the American Bar Association adopted a resolution urging federal and state governments to expand and create a right to counsel in civil cases where basic human needs are at stake.

Todd Gallinger is a California and New York licensed attorney experienced in Islamic Estate Planning. He can be reached at (949) 862-0010.

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