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Expanding The Civil Privilege Of Being Represented By Counsel Through The Presumed Prejudice Doctrine, Maurice Hew Jr. Mar 2014

Expanding The Civil Privilege Of Being Represented By Counsel Through The Presumed Prejudice Doctrine, Maurice Hew Jr.

University of the District of Columbia Law Review

On the fiftieth anniversary of Gideon v Wainwright,' many scholars are examining 2 the promise to not ration justice 3 by requiring counsel to be appointed for the indigent for State crimes. 4 Yet, other scholars are trying to expand Gideon's promise to all civil law matters,5 including immigration. Providing free appointed immigration counsel for representation in secretive 7 civil immigration removal proceedings would be ideal. However, for respondents who are subjected to the mandatory deportation consequences of their *9. convictions, immigration representation is impractical and serves little purpose.' 0 A better approach is to have criminal counsel simultaneously provide …


Introduction: Angles Of The Right To Counsel In Civil Cases Debate: Formalism, Immigration, Reviewability, And Empiricism, John Pollock Mar 2014

Introduction: Angles Of The Right To Counsel In Civil Cases Debate: Formalism, Immigration, Reviewability, And Empiricism, John Pollock

University of the District of Columbia Law Review

Given the recent celebrations of Gideon v. Wainwright's 5 0 th anniversary,' it is most appropriate that this Symposium issue focuses on the civil right to counsel. While Gideon was only about the right to counsel in criminal cases, many of the events and articles marking the anniversary discussed the interplay between criminal and civil cases,2 even reaching the front page of the New York Times 3 and various radio shows. 4 Yet historically, criminal and civil cases have rarely been discussed simultaneously.


Gideon Is My Co-Pilot: The Promise Of Civil Right To Counsel Pilot Programs, Clare Pastore Mar 2014

Gideon Is My Co-Pilot: The Promise Of Civil Right To Counsel Pilot Programs, Clare Pastore

University of the District of Columbia Law Review

In recent years, access to justice and civil right to counsel advocates have taken a strong interest in pilot programs to test the cost and effectiveness of increasing the availability of counsel to low-income civil litigants. An eighteen-month privately-funded housing counsel pilot in two Boston courts has recently concluded and a new housing pilot is about to begin in three different Massachusetts courts. Pilots are also ongoing or in late stages of development in several other states. The most ambitious pilot program to date is the multi-year, multi-county pilot project underway in California pursuant to the Sargent Shriver Civil Counsel …


The Trumpet Player's Lament: Rethinking The Civil Gideon Movement, Chad Flanders, Alexander Muntges Mar 2014

The Trumpet Player's Lament: Rethinking The Civil Gideon Movement, Chad Flanders, Alexander Muntges

University of the District of Columbia Law Review

In Gideon 's Trumpet,' Anthony Lewis recounts the story of Clarence Gideon, an indigent man whose appeal to the United States Supreme Court improbably culminated with the Court holding that the right to counsel in a criminal trial was a fundamental right, one which requires the states to provide counsel to indigent criminal defendants. 2 Almost fifty years later in Turner v. Rogers,3 the Court rejected the analogous argument that the right to counsel in a civil contempt proceeding was a fundamental right where an indigent, noncustodial parent faces incarceration. This argument was at the core of the civil Gideon …