1. Constitutional Grounds for Right to Counsel in Civil Proceedings 1SRA 6-14

2. LASSITER V. DEPT. OF SOCIAL SERVICES OF DURHAM COUNTY 425 U.S. 18 (1981) (Parental termination) 2SRA 6-14

3. PRESUMPTION OF DEPRIVATION OF LIBERTY BALANCED AGAINST 3 PART TEST IN MATHEWS V. ELDRIDGE, 424 U.S. 319 (1976) 3SRA 6-14

4. (1) PRIVATE INTERESTS (2)GOVERNMENT’S INTEREST (3) RISK THAT THE FAILURE TO APPOINT COUNSEL WOULD LEAD TO AN ERRONEOUS DECISION 4SRA 6-14

5. WHETHER DUE PROCESS REQUIRES RIGHT TO COUNSEL DECIDED ON CASE BY CASE APPROACH 5SRA 6-14

6. TURNER V. ROGERS 131 S. CT. 2507 (2011) (Civil contempt) 6SRA 6-14

7. Applying Lassiter approach NO AUTOMATIC RIGHT TO COUNSEL IN CIVIL CONTEMPT PROCEEDINGS EVEN IF FACING INCARCERATION 7SRA 6-14

8. “ALTERNATIVE PROCEDURAL SAFEGUARDS” 8SRA 6-14

9. IN RE DOE 99 HAWAI’I 522 (2002) (right to interpreter in parental termination proceeding) 9SRA 6-14

10. ART. 1, SEC. 5 OF THE HAWAII CONSTITUTION, THE DUE PROCESS CLAUSE, PROTECTS SUBSTANTIVE LIBERTY INTEREST OF PARENTS IN THE CARE, CUSTODY, AND MANAGEMENT OF THEIR CHILDREN THAT MAY NOT BE DEPRIVED WITHOUT A FAIR PROCEDURE BASED ON DUE NOTICE AND A MEANINGFUL HEARING. 10SRA 6-14

11. IN RE RGB 123 HAWAI’I 1 (2010) (right to counsel in termination proceedings and ineffectiveness of counsel) 11SRA 6-14

12. Majority: counsel guaranteed under Lassiter, not reach right under Hawaii constitution; ineffectiveness of counsel standard is prejudice plus different result Dissent: right to counsel guaranteed under the Hawaii constitution independent of federal constitution— rejects case by case approach; ineffectiveness standard in Hawaii rejects federal approach essentially adopted by majority. 12SRA 6-14

13. IN RE T. M. 131 HAWAI’I 419 (2014) (right to counsel guaranteed in termination proceedings under the Hawaii constitution) 13SRA 6-14

14. Parents have a constitutional right to counsel under article 1, section 5 of the Hawai’i constitution and courts must appoint counsel for indigent parents once the state files a petition to assert foster custody over a child. 14SRA 6-14

15. The Due Process Clause of the Hawai’i Constitution may be applied to expand a right to counsel beyond the context of parental termination proceedings. Potential areas include: -Paternity -Civil Commitment -Shelter -Sustenance, including Benefits and Workers Compensation -Health/Mental Illness 15SRA 6-14

16. Equal Protection: paternity and shelter, for example Article I, Section 5 of the Hawaii Constitution provides: DUE PROCESS AND EQUAL PROTECTION Section 5. No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry. 16SRA 6-14

17. Public/Personal Safety: domestic violence, for example Article IX, Section 10 of the Hawaii Constitution provides: PUBLIC SAFETY Section 10. The law of the splintered paddle, mamala- hoe kanawai, decreed by Kamehameha I--Let every elderly person, woman and child lie by the roadside in safety--shall be a unique and living symbol of the State's concern for public safety. The State shall have the power to provide for the safety of the people from crimes against persons and property. 17SRA 6-14

18. Native Hawaiian Rights Article XII, Section 7 of the Hawaii Constitution provides: TRADITIONAL AND CUSTOMARY RIGHTS Section 7. The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua'a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights. 18SRA 6-14

19. I. Right grounded in U. S. and Hawaii constitutions II, Statutes- ABA Model CA model Fed Court appointment of counsel for indigents III.Safety TROs IV. Shelter- V.Sustenance and Health VI. Child custody VII. Funding/comparison of structure of statutes (ABA model v. Public defender) VIII. Other issues: Immigration IX. Strategies (systemic or individual cases) X. Questions XI. Closing comments 19SRA 6-14