Legal Definitions - appointed counsel

Appointed counsel refers to a lawyer assigned by a court to represent a defendant or another party who cannot afford to hire their own legal representation. This practice ensures that individuals, particularly in criminal cases, have access to legal assistance as guaranteed by the Constitution, even if they lack the financial means to pay for it themselves.

Here are some examples illustrating the concept of appointed counsel:

• Imagine a scenario where a person is arrested and charged with a felony, but they have very limited income and no savings. When they appear before the judge for their initial hearing, they inform the court that they cannot afford to hire a private attorney. In this situation, the judge will typically determine if the individual meets the financial criteria for indigence and, if so, will appoint counsel, often a public defender, to represent them throughout the criminal proceedings.

  This example demonstrates appointed counsel because the court directly assigns a lawyer to the individual due to their inability to pay for legal services, ensuring their constitutional right to representation in a criminal matter.

• Consider a juvenile court case where a teenager is accused of a serious offense. The teenager's parents are struggling financially and cannot afford the high fees associated with private legal representation. Recognizing the importance of legal advocacy for minors, the juvenile court will likely appoint counsel, such as an attorney from a juvenile defender's office or a private attorney on a court-approved panel, to represent the teenager's best interests during the delinquency proceedings.

  Here, appointed counsel ensures that a minor, whose family cannot afford legal representation, still has a qualified attorney to protect their rights and guide them through the complexities of the legal system.

• In certain civil matters, particularly those involving fundamental rights like parental rights, a court may also appoint counsel. For instance, if a low-income parent is involved in a child protective services case where the state is seeking to terminate their parental rights, and they cannot afford an attorney, the court may appoint a lawyer to represent the parent. This ensures they have legal assistance to present their case and protect their family interests.

  This example illustrates appointed counsel in a civil context, highlighting how courts can provide legal representation to indigent individuals when significant rights are at stake, even outside of criminal proceedings.