Legal Definitions - assigned counsel

Assigned counsel refers to a lawyer appointed by a court to represent a party who cannot afford to hire their own attorney. This appointment ensures that individuals, particularly in criminal cases, have access to legal representation as guaranteed by constitutional rights, even if they are unable to pay for it themselves. Assigned counsel are typically private attorneys who accept court appointments, or they may be public defenders working for a government agency.

Here are some examples illustrating the concept of assigned counsel:

• Example 1: Criminal Defense

  Maria is arrested and charged with a serious felony. During her initial court appearance, the judge asks if she has an attorney. Maria explains that she lost her job recently and cannot afford to hire a private lawyer. After reviewing her financial situation, the judge determines she is indigent (unable to pay) and appoints a lawyer from a panel of private attorneys to represent her throughout her criminal proceedings.

  This illustrates assigned counsel because the court directly appointed a lawyer to Maria, ensuring her right to legal representation despite her inability to pay for it herself.

• Example 2: Juvenile Delinquency Case

  A 15-year-old named Alex is accused of vandalism and brought before a juvenile court. His parents are struggling financially and cannot afford to hire an attorney to represent him. Recognizing the minor's right to legal counsel, the judge assigns a public defender to advocate for Alex's interests and guide him through the juvenile justice process.

  This demonstrates assigned counsel as the court provided legal representation for Alex, who, along with his family, lacked the financial means to secure a private attorney.

• Example 3: Child Protection Proceedings

  The state initiates proceedings to remove a child from their parents' custody due to concerns about neglect. The parents, who are low-income, appear in court without a lawyer. Because the potential outcome involves the termination of parental rights, a fundamental liberty interest, the court appoints an attorney for each parent to ensure they receive proper legal advice and representation in defending against the state's allegations.

  This shows assigned counsel in a civil context where the court appoints lawyers for indigent parents in a child protection case, recognizing the critical nature of the legal issues at stake.