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 and state 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