Toward a Right to Counsel in Civil Cases in New York State: A Report of the New York State Bar Association

41 Pages Posted: 7 Jan 2010 Last revised: 3 Mar 2010

Laura Abel

Yeshiva University - Benjamin N. Cardozo School of Law, National Center for Access to Justice

Date Written: 2009

Abstract

The New York State Bar Association (NYSBA) and 11 other bar associations co-sponsored a 2006 American Bar Association (ABA) resolution that urged federal and state jurisdictions to establish a right to counsel in civil cases concerning basic human needs. This report compares the scope of the existing right to counsel in New York State to the five categories of basic human needs cases identified by the ABA: Cases concerning shelter, sustenance, safety, health or child custody. It also assesses the existing right to counsel in cases concerning members of special or vulnerable populations, and in cases involving deprivation of physical liberty. It also suggests areas for expansion of the right, particularly regarding cases concerning evictions, foreclosures, and unemployment insurance appeals.

Keywords: civil right to counsel, civil gideon, access to justice, New York State Bar Association, NYSBA, American Bar Association, ABA, state court, shelter, sustenance, safety, health, child custody, physical liberty, evictions, foreclosures, unemployment insurance

JEL Classification: I3, K1, K4, I18, J18

Suggested Citation

Abel, Laura, Toward a Right to Counsel in Civil Cases in New York State: A Report of the New York State Bar Association (2009). Touro Law Review, Vol. 25, pp. 32-70, 2009; NYU School of Law, Public Law Research Paper No. 10-11. Available at SSRN: https://ssrn.com/abstract=1532848

Laura Abel (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law, National Center for Access to Justice ( email )

55 Fifth Ave.
New York, NY 10003
United States

HOME PAGE: http://www.ncforaj.org

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