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Turner v. Rogers | 564 U.S. 431 (2011)

A criminal defendant has the right to state-appointed counsel, but what about a civil defendant in a family court matter? Can a court send him to jail without benefit of counsel? The United States Supreme Court considered this question in Turner versus Rogers.

Michael Turner was ordered to pay his child’s mother weekly child support. Due to his drug use and a work injury, he repeatedly failed to pay. He was held in contempt on five occasions. After the fifth occasion, he served six months in prison. When he was released, he remained in arrears on his payments. He appeared at a hearing before a judge, without representation of counsel. The judge found him in willful contempt and sentenced him to twelve months in prison.

While serving this sentence, Turner appealed with the help of pro bono counsel, arguing that he had been constitutionally entitled to counsel at his contempt hearing. The South Carolina Supreme Court rejected his claim, holding that the right to counsel didn’t apply to civil contempt cases. The United States Supreme Court granted certiorari.

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