Brief of Professor Kevin Lapp, et. al., as Amici Curiae in Support of Reversal, C.J.L.G. v. Sessions, No. 16-73801
37 Pages Posted: 25 Apr 2017 Last revised: 25 May 2017
Date Written: March 27, 2017
The idea that minors are different from adults and demand special protections is neither new nor controversial. Among the many safeguards in place for minors, perhaps none is more important than the right to appointed counsel for minors involved in judicial proceedings. In the decades since the Supreme Court recognized a constitutional right to appointed counsel in criminal and delinquency proceedings, courts and legislatures have extended the right of minors to appointed counsel to a variety of civil proceedings, including dependency proceedings, status offense proceedings, termination of parental rights proceedings, and judicial bypass hearings. This brief documents the broad national consensus that minors are entitled to appointed counsel in civil proceedings, in support of the argument that due process demands appointed counsel for minors in immigration removal proceedings.
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