Turner v. Rogers
Issues
1. Does an indigent defendant have the right to appointed counsel at a civil contempt proceeding that could result in incarceration?
2. Does the Supreme Court have jurisdiction to review the South Carolina Supreme Court's decision that such a defendant does not have a right to appointed counsel?
By the beginning of 2008, Michael Turner was six thousand dollars behind in his child support payments. A South Carolina family court eventually ordered Turner to appear to explain his failure to make any payments for the past year and a half. Turner alleged his personal and physical problems rendered him unable to pay. The family court imposed civil contempt sanctions as a result of Turner’s failure to comply with the earlier court order to pay child support. Turner appealed his twelve-month sentence, arguing that because there was a possibility that he would face imprisonment, the court should have provided him with counsel. The Supreme Court’s decision will likely determine whether indigent defendants in civil cases are entitled to representation where there is a possibility of incarceration, although the Court could possibly determine that it does not have jurisdiction to hear the case.
Questions as Framed for the Court by the Parties
1. Whether the Supreme Court of South Carolina erred in holding—in conflict with twenty-two federal courts of appeals and state courts of last resort—that an indigent defendant has no constitutional right to appointed counsel at a civil contempt proceeding that results in his incarceration.
2. Whether this Court has jurisdiction to review the decision of the Supreme Court of South Carolina
In January 2008, a South Carolina family court ordered Petitioner Michael Turner to appear in court to explain his failure to pay six thousand dollars in child support. See Price v. Turner, 691 S.E.2d 470, 471 (S.C.
Edited by
Additional Resources
· Cornell Journal of Law and Public Policy, Elizabeth Patterson: Civil Contempt and the Indigent Child Support Obligor: the Silent Return of Debtor's Prison
· Findlaw: Civil Contempt of Court
· Department of Health and Human Services: Handbook on Child Support Enforcement