No Constitutional Right to Counsel in Civil Contempt Cases

Turner v. Rogers, 564 U.S. ____ (2011).

Turner had been found in contempt five times for failure to pay child support.  The fifth time Turner did not pay the amount owing and served 6 months.  After his release, the court issued another order to show cause and sentenced him to 12 months in jail without making a finding as to Turner's ability to pay.  He appealed.

Turner argued that he should have been provided counsel at the show cause hearing because there was a chance that he would be subject to incarceration.

The Supreme Court found that due process requirements are met and punishment can be imposed if the alleged contemnor is found to have had notice of the order, ability to comply with the order and willful noncompliance with the order.  No further safeguards are required, and if those safeguards are preserved the Court may impose jail time.

Full Decision available at http://scholar.google.com/scholar_case?case=8203402461706269179&hl=en&as_sdt=2&as_vis=1&oi=scholarr

Right to Counsel in Child Welfare Case is Not a Constitutional Right

State in Re: J.R.G.F., R.F and R. G. v. B.A.F. and T.F. 2011 UT App 97 (Utah Court of Appeals, March 24, 2011).

The trial court terminated Mother’s and Father’s parental rights.  Mother and Father appealed and claimed that they were not informed of their statutory right to counsel prior to trial.  The court also denied their request for counsel mid-way through trial. 

The Court of Appeals found that even if what Mother and Father claimed was true, they must show that the denial of counsel prejudiced their case.  The statutory right to counsel under the child welfare act is different than a constitutional right to counsel.  With a statutory right to counsel, there is no presumption of prejudice when counsel has been denied.  To demonstrate prejudice the party must show a reasonable likelihood of a different outcome if the error had not been made.  Mother and Father failed to meet the burden because of the substantial evidence against them, including: both parents had lengthy criminal histories; both had failed to pay child support; both failed to consistently visit the child.  Conversely the adoptive placement provided a stable loving home, and the individuals were the only consistent parental figures in the child’s life.

Full Decision available at http://utcourts.gov/opinions/juv/JV_jrgf032411.pdf