Md Court of Appeals Reluctant to Turn Continuance Dispute Into 'Civil Gideon' Case

Summary

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Advocates for a constitutional right to court-appointed counsel in contested custody matters will likely have to wait a while longer for that perfect case to come along.

Considering the claims of a mother who lost custody of her daughter after she attempted to represent herself, the Court of Appeals yesterday preferred to focus its attention on whether a circuit court judge's denial of a continuance to Tara Touzeau - who had pro bono counsel lined up, if she could obtain more time - was an abuse of discretion. The court seemed less inclined to consider whether the mother, proceeding without a lawyer because she could not afford one, was denied access to justice on a grander scale.

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Extract

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Md Court of Appeals Reluctant to Turn Continuance Dispute Into 'Civil Gideon' Case

This is not a Frase case, Judge Alan M. Wilner remarked, as Touzeau's attorney, Stephen J. Cullen, suggested that the court might...

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