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S 8197

Relates to the right to counsel in certain family court proceedings

2025 Regular Session Introduced by Jabari Brisport

Bill S 8197 ensures low-income individuals in family court cases, like custody and support, receive free legal counsel, promoting fairness and access to justice.

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Bill Summary · S 8197

Summary of Bill S 8197: Right to Counsel in Family Court Proceedings

Bill Overview

Bill Number: S 8197
Title: Relates to the right to counsel in certain family court proceedings
Status: Returned to Senate
Introduced: May 20, 2025
Classification: Bill

Purpose and Intent

Bill S 8197 aims to establish the right to legal counsel for individuals involved in specific family court proceedings. The intent is to ensure that parties, particularly those who may be disadvantaged or unable to afford legal representation, have access to legal assistance during critical family law matters. This legislation seeks to enhance fairness and equity in family court processes.

Key Provisions

  • Right to Counsel: The bill mandates that individuals in certain family court cases, such as child custody, child support, and domestic violence matters, are entitled to legal representation at no cost if they cannot afford an attorney.
  • Eligibility Criteria: The bill outlines specific criteria that determine eligibility for free legal counsel, focusing on income levels and the complexity of the case.
  • Implementation Framework: It establishes a framework for appointing counsel, including guidelines for how attorneys will be assigned and compensated for their services.

Impact

  • Affected Parties: The legislation primarily affects low-income individuals involved in family court proceedings who may lack the resources to hire an attorney. It also impacts family court systems by potentially increasing the number of cases with legal representation.
  • Legal Community: The bill may lead to an increased demand for legal services and could create opportunities for legal aid organizations and private attorneys to provide pro bono services.

Legislative Actions

  • 2025-05-20: Introduced and referred to the Committee on Children and Families.
  • 2025-05-29: Reported and committed to the Finance Committee.
  • 2025-06-09: Discharged from committee and committed to Rules.
  • 2025-06-11: Passed in the Senate and delivered to the Assembly.
  • 2025-06-13: Substituted for A 8271 and ordered to third reading.
  • 2025-06-17: Passed in the Assembly but subsequently returned to the Senate.

Related Bills

  • S 9696: A related bill from a prior session that may address similar issues.
  • A 8271: A companion bill that aligns with the objectives of S 8197.

Conclusion

Bill S 8197 represents a significant step towards ensuring that individuals in family court proceedings have access to legal counsel, thereby promoting justice and equity within the family law system. The bill's progression through the legislative process indicates a growing recognition of the importance of legal representation in safeguarding the rights of vulnerable populations.

Compiled from official sources — confirm details with the bill’s official record.

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