This Article explores the access to justice movement by appellate lawyers using the due process clause of both the state and federal constitutions to advocate for a constitutionally based right to counsel. This approach is detailed in the context of private child custody actions through examination and discussion of the Supreme Judicial Court’s April 2016 decision in L.B. v. Chief Justice of the Probate & Family Court Department. The Authors identify opportunities to protect and advocate for the right to counsel analysis, and to lobby the legislature for a child’s right to counsel in custody proceedings or a tenant’s right to counsel in eviction.
Susan M. Finegan and Laura W. Gal, USING APPELLATE ADVOCACY TO EXPAND A CIVIL RIGHT TO COUNSEL IN CHILD CUSTODY CASES, 39 W. New Eng. L. Rev. 309 (2017), https://digitalcommons.law.wne.edu/lawreview/vol39/iss2/6