Safe at Home: Considering a Right to Counsel in Civil Cases as a State Constitutional Matter

MAKING A MODERN CONSTITUTION: THE PROSPECTS FOR CONSTITUTIONAL REFORM IN NEW YORK (Scott Fein and Rose Mary Bailly, eds.) (NYSBA, 2016)

Albany Law School Working Papers Series No. 9 for 2016-2017

20 Pages Posted: 26 Oct 2016 Last revised: 27 Oct 2016

Raymond H. Brescia

Albany Law School

Date Written: October 19, 2016

Abstract

In November 2017, the voters of the state of New York will decide whether to hold a constitutional convention. This Chapter explores the legal and policy arguments for an amendment to the state constitution to recognize, in that constitution, an explicit right to counsel in civil cases where fundamental human needs are at stake. Such a constitutional right would be the first recognized in a state constitution in the United States and could lead the way for more states to do the same. This Chapter attempts to articulate the legal and policy arguments for doing so.

Keywords: Access to Justice, State Constitutions

JEL Classification: K1

Suggested Citation

Brescia, Raymond H., Safe at Home: Considering a Right to Counsel in Civil Cases as a State Constitutional Matter (October 19, 2016). MAKING A MODERN CONSTITUTION: THE PROSPECTS FOR CONSTITUTIONAL REFORM IN NEW YORK (Scott Fein and Rose Mary Bailly, eds.) (NYSBA, 2016) ; Albany Law School Working Papers Series No. 9 for 2016-2017. Available at SSRN: https://ssrn.com/abstract=2856079

Raymond H. Brescia (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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