Supreme Court "Civil Gideon" Ruling-Judge Eugene Hyman

According to Judge Eugene M. Hyman , host of the Family Law Channel..."Though sometimes expensive, children are better served when the parents or children have representation. "

Philadelphia Bar Association

U.S. Supreme Court found ruled by a 5-4 vote that an indigent noncustodial parent who was subject to a child support order and who faced incarceration had his due process rights violated because he was not provided with counsel nor with procedural safeguards.

A South Carolina family court had ordered Turner to pay Rogers to help support their child. Turner repeatedly failed to pay and was held in contempt several times. Usually, he would pay, sometimes without being jailed and other times after spending a few days in custody. However, the last time he did not pay, but instead completed a 6-month sentence. After his release, the family court clerk issued a new "show cause" order against Turner because he was several thousand dollars in arrears. Both he and Rogers were unrepresented by counsel at his brief civil contempt hearing. The judge found Turner in willful contempt and sentenced him to 12 months in prison without making any finding as to his ability to pay or indicating on the contempt order form whether he was able to make the support payments. After Turner completed his sentence, the South Carolina Supreme Court rejected his claim that the U.S. Constitution entitled him to counsel at his contempt hearing, declaring that civil contempt does not require all the constitutional safeguards applicable in criminal contempt proceedings.

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Comments

[Bonnie Russell]

Of course it's likewise helpful if they aren't killed prior to a court appearance. Increasingly, it seem clear Family Court judges are not responding appropriately to inter-family crimes; although not using GPS with Victim Notification would certainly remedy the situation below, as well as others like it.
http://www.familylawcourts.com/no_gps_restraining_order.html

[SFJD]

I believe that people, in certain civil cases, should be appointed lawyers if they cannot pay.