Legal Definitions - court-appointed counsel

Court-appointed counsel refers to a lawyer assigned by a judge to represent a party in a legal proceeding. This typically occurs when an individual cannot afford to hire their own attorney, ensuring that they have access to legal representation as guaranteed by law, particularly in criminal cases, but also in certain civil matters.

• Example 1: Criminal Defense

  Maria is arrested and charged with a serious felony. During her first court appearance, known as an arraignment, she informs the judge that she is unemployed and has no funds to hire a private attorney. The judge, recognizing Maria's constitutional right to legal representation, then assigns a public defender to represent her throughout the criminal proceedings. This public defender is Maria's court-appointed counsel.

  This example illustrates court-appointed counsel because the judge directly provides a lawyer to Maria, who cannot afford one, ensuring her right to a fair defense is upheld.

• Example 2: Child Protection Case

  The Department of Child Services files a petition to remove two children from their parents' home due to allegations of severe neglect. The parents are struggling financially and cannot afford legal representation to contest the state's claims. Given the profound implications of losing parental rights, the court appoints attorneys for both parents to ensure they have a voice and can present their side of the story in this critical civil matter.

  Here, court-appointed counsel ensures that parents facing the potential loss of their children have legal advocacy, even if they lack the financial means to hire a lawyer.

• Example 3: Guardianship for an Incapacitated Adult

  Mr. Henderson, an elderly man suffering from advanced Alzheimer's disease, has no immediate family and is no longer capable of managing his own finances or making healthcare decisions. A concerned neighbor petitions the court to appoint a guardian for him. Because Mr. Henderson is incapacitated and cannot hire his own attorney to represent his interests in the guardianship proceedings, the judge appoints an independent lawyer to act as his court-appointed counsel, ensuring his rights and wishes are considered.

  This demonstrates court-appointed counsel protecting the rights and interests of a vulnerable individual who cannot advocate for themselves or afford legal representation in a civil guardianship case.