§ 6337. Right to counsel.
Except as provided under this section and in section 6311 (relating to guardian ad
litem for child in court proceedings), a party is entitled to representation by legal
counsel at all stages of any proceedings under this chapter and if he is without financial
resources or otherwise unable to employ counsel, to have the court provide counsel
for him. If a party other than a child appears at a hearing without counsel the court
shall ascertain whether he knows of his right thereto and to be provided with counsel
by the court if applicable. The court may continue the proceeding to enable a party
to obtain counsel. Except as provided under section 6337.1 (relating to right to counsel
for children in dependency and delinquency proceedings), counsel must be provided
for a child. If the interests of two or more parties may conflict, separate counsel
shall be provided for each of them.
(May 10, 2000, P.L.74, No.18, eff. 60 days; Apr. 9, 2012, P.L.223, No.23, eff. 60
days)
Suspension by Court Rule. Section 6337 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(5),
amended December 30, 2005, insofar as it is inconsistent with Rule 152 relating to
waiver of counsel.
Section 6337 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(4),
adopted August 21, 2006, insofar as it is inconsistent with Rule 1152 relating to
waiver of counsel.
Cross References. Section 6337 is referred to in section 6311 of this title; sections 6315, 6368 of
Title 23 (Domestic Relations).
Notes of Decisions
Cited in
57
cases (
19 in the last 5 years), 1981–2026 · leading case:
Matter of Smith, 573 A.2d 1077 (Pa. 1990).
Matter of Smith, 573 A.2d 1077 (Pa. 1990).
· cites it 4× “42 Pa.C.S. § 6337. There is nothing in the statutory provision which embraces the doctrine of effective assistance of counsel.”
In the Interest of: S.U., a Minor, 204 A.3d 949 (Pa. Super. Ct. 2019).
· cites it 2× “42 Pa.C.S. § 6337. Pennsylvania Rules of Juvenile Court Procedure address the procedural process in exercising the right to counsel.”
In the Interest of: A.N.P., a Minor Appeal of: E., 155 A.3d 55 (Pa. Super. Ct. 2017).
“§ 2503(b)(1), 2 and the Juvenile Act, 42 Pa.C.S. §§ 6337 and 6338, was a fundamental deprivation of her right to testify on her own behalf and participate in the proceedings.”
In the Interest of T.P., 78 A.3d 1166 (Pa. Super. Ct. 2013).
“Similarly, 42 Pa.C.S. § 6337 recognizes a right to counsel in juvenile proceedings.”
In the Interest of Davis, 546 A.2d 1149 (Pa. 1988).
· cites it 2× “See 42 Pa.C.S. §§ 6337, 6338(a) & (b). However, section 6303 of subchapter "A" limits the scope of the Juvenile Act as follows: (a) General rule.”
In the Interest of K.D., 871 A.2d 823 (Pa. Super. Ct. 2005).
“3 ¶ 6 Mother first complains that due process was violated when the trial court ordered goal change where she was unrepresented by counsel in violation of the Fourteenth Amendment and 42 Pa.C.S. § 6337. Mother was actively represented by counsel throughout the goal change…”
In the Interest of R.M., 790 A.2d 300 (Pa. 2002).
“§ 6315©(requiring that the agency must convene a conference with the parents, "within 48 hours of the time that the child is taken into custody,” for the purposes, inter alia, of informing the parents of the child's whereabouts, expediting his return to his parents’ custody if…”
In the Interest of S.N.W., 524 A.2d 514 (Pa. 1987).
· cites it 2× “42 Pa.C.S. § 6337 (emphasis added). This statute makes it eminently clear that appellant was entitled to be represented by counsel at the hearing and to have counsel appointed if she were indigent.”
In re Manuel R., 543 A.2d 719 (Conn. 1988).
“Code § 27-20-26 (1) (1974); 42 Pa. Cons. Stat. Ann. § 6337 (Purdon 1982).”
Commonwealth v. McKee, 452 A.2d 878 (Pa. Super. Ct. 1982).
· cites it 2× “§ 6355, to an "adult" court, I disagree with the majority's view that Appellant's constitutional right to a fair trial as an "adult" was adequately protected in this instance where the trial court took judicial notice of the factual findings of the *17 transfer hearing judge and…”
In the Interest of Michael Y., 530 A.2d 115 (Pa. 1987).
“*496 As a party to the dependency proceeding, appellant had a right to counsel pursuant to 42 Pa.Cons.Stat.Ann. § 6337 (Purdon 1982): [A] party is entitled to representation by legal counsel at all stages of any proceedings under this chapter and if he is without financial…”
In re J.P., 573 A.2d 1057 (Pa. Super. Ct. 1990).
· cites it 3× “” 42 Pa.Cons.Stat.Ann. § 6337 (Purdon 1982).”
— 42 Pa. Cons. Stat. § 6337(f) — 1 case
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