1. Criminal law. A criminal defendant’s constitutional right, guaranteed by the Sixth Amendment, to representation by a court-appointed lawyer if the defendant cannot afford to hire one. • The Supreme Court has recognized a juvenile delinquent defendant’s right to counsel. In re Gault, 387 U.S. 1, 87 S.Ct. 1428 (1967). — Also termed benefit of counsel; right to assistance of counsel. [Cases: Criminal Law 641.
1. C.J.S. Criminal Law §§ 277–278, 281.]
2. Family law. The right of a defendant in a suit for termination of parental rights to representation by a court-appointed lawyer if the defendant cannot afford to hire one. • Although some states appoint counsel for indigent defendants in a suit for termination of parental rights, the Supreme Court has held that the Constitution does not require that counsel be appointed for indigent defendants in all termination suits, but if a criminal charge may be made, the right to counsel may attach. Lassiter v. Department of Soc. Servs., 452 U.S. 18, 101 S.Ct. 2153 (1981). See ASSISTANCE OF COUNSEL.
