Does an indigent defendant in a paternity and enforcement of child support action have a constitutional right to have an attorney appointed at public expense?

California, United States of America


The following excerpt is from Salas v. Cortez, 145 Cal.Rptr. 727, 80 Cal.App.3d 427 (Cal. App. 1978):

Appellants contend that an indigent defendant in a paternity and enforcement of child support action brought by the district attorney has a constitutional right to have an attorney appointed for him at public expense. This argument was recently rejected in Ford v. Herndon, 62 Cal.App.3d 492, 498-499, 133 Cal.Rptr. 111, 115, where the court stated:

"The absolute due process requirement is that no person be imprisoned for an offense unless he is represented by counsel at trial. (Argersinger v. Hamlin (1972) 407 U.S. 25, 37 (92 S.Ct. 2006, 32 L.Ed.2d 530); Cal.Const., art. 1, 15.) Unlike the absolute right to counsel mandated by specific provisions of both federal and state Constitutions for individuals accused of criminal offenses, the right to counsel in other than criminal proceedings is conditioned and determined on a case by case basis. (In re Love (1974) 11 Cal.3d 179, 189 (113 Cal.Rptr. 89, 520 P.2d 713).)

"We are not confronted by a criminal or quasi-criminal proceeding, nor are any

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