can a judge deny you a lawyer?
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can a judge deny you a lawyer?
My son is going through family court for
custody of his 3 year old son. He told the
judge that he wanted to get a lawyer and the
judge said no you can not obtain a lawyer.
The judge told my son that he didn’t need
one. Is that legal?? If not whom would we
contact? Thank you
Asked on April 28, 2016 under Family Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, a judge cannot stop you from getting a lawyer with one exception: IF you did not get a lawyer before the court date, the judge is not required to adjourn (or delay or push back) the court date to give you time to get an attorney. It is your responsibility in civil court (non-criminal court, that is) to get your attorney ahead of time, before the trial or hearing date. At this point though, if you son wants an attorney, he should hire one--let the lawyer deal with the judge, if there is any push-back (that's the lawyer's job: to deal with the case, the law, and the judge).
You son should also bear in mind that there is no right to an appointed lawyer in non-criminal cases: the court doesn't need to give or get you one. He has to find and hire his own attorney; or he can apply to an organization like Legal Services if he can't afford a lawyer and ask if they will represent him, but they don't have to: they choose who to help and who to not help, based on their sense of the case and the person's economic means.
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