B.A.W. v. T.L.W.

In this domestic relations case, the Superior Court ruled that the finding of contempt and order of incarceration for nonpayment of certain court-ordered expenses was invalid for three reasons. First, the parent had a fundamental right to counsel before being incarcerated. Second, the trial court did not consider the parent’s ability to pay. Third, the trial court relied on factual findings from a hearing officer, rather than conducting its own hearing. The amicus brief from the ACLU and the National Coalition for a Civil Right to Counsel walks through an Edmunds analysis for why there is a right to counsel under the Pennsylvania Constitution even if there is not a federal right.