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Lassiter v. Department of Social Services - Significance, Further Readings

Petitioner

Abby Gail Lassiter

Respondent

Department of Social Services of Durham County, North Carolina

Petitioner's Claim

Because she was indigent, the Fourteenth Amendment's Due Process Clause dictated that the state provide her with counsel.

Chief Lawyer for Petitioner

Leowen Evans

Chief Lawyer for Respondent

Thomas Russell Odom

Justices for the Court

Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist, Potter Stewart (writing for the Court), Byron R. White

Justices Dissenting

Harry A. Blackmun, William J. Brennan, Jr., Thurgood Marshall, John Paul Stevens

Place

Washington, D.C.

Date of Decision

1 June 1981

Decision

Refusing to appoint counsel for an indigent parent in proceedings terminating parental status was found not to violate the Due Process Clause of the Fourteenth Amendment.

Related Cases

Chicago, Burlington and Quincy Railroad Company v. Chicago, 166 U.S. 226 (1897).
Betts v. Brady, 316 U.S. 455 (1942).
Gideon v. Wainwright, 372 U.S. 335 (1963).
Argersinger v. Hamlin, 407 U.S. 25 (1972).
Goss v. Lopez, 419 U.S. 565 (1975).
Scott v. Illinois, 440 U.S. 367 (1979).

Additional Topics

Lassiter v. Department of Social Services - Significance

The decision in this case helped establish that the Court did not have to appoint counsel for an indigent parent as long as no criminal charges were involved. One of the rights guaranteed under the Fourteenth Amendment is that of due process. In a general way it implies a procedure. A person cannot go to jail without a trial. A trial must contain a certain amount of elements and procedures to be c…

Lassiter v. Department of Social Services - Further Readings

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User Comments Add a comment…

over 1 year ago

Thomas Russell Odom » rvodom ((at)) prodigy dot net

As the attorney who representyed the Respondent in this cause, I disagree with the statement that "the child died". He did not, and as far as I know, is still very much alive.