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appealhearingdue processrespondent

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Turner v. Rogers

Facts

Michael Turner, the petitioner, was subjected to civil contempt proceedings in South Carolina for failing to pay child support to Rebecca Rogers, the respondent. After multiple failures to pay, Turner was sentenced to 12 months in jail without a finding regarding his ability to pay the arrears. Both parties were unrepresented during the contempt hearing, and the judge found Turner in willful contempt without addressing his financial situation.

In June 2003 a South Carolina family court entered an order, which (as amended) required petitioner, Michael Turner, to pay $51.73 per week to respondent, Rebecca Rogers, to help support their child. Over the next three years, Turner repeatedly failed to pay the amount due and was held in contempt on five occasions.

Issue

Does the Fourteenth Amendment's Due Process Clause require the State to provide counsel to an indigent parent in civil contempt proceedings for failure to pay child support?

We must decide whether the Fourteenth Amendment's Due Process Clause requires the State to provide counsel (at a civil contempt hearing) to an indigent person potentially faced with such incarceration.

Rule

The Court held that while the state is not required to provide counsel in all civil contempt proceedings, due process requires that the state have procedures in place to ensure a fundamentally fair determination of the critical question of the parent's ability to comply with the support order.

We conclude that where as here the custodial parent (entitled to receive the support) is unrepresented by counsel, the State need not provide counsel to the noncustodial parent (required to provide the support). But we attach an important caveat, namely, that the State must nonetheless have in place alternative procedures that ensure a fundamentally fair determination of the critical incarceration-related question, whether the supporting parent is able to comply with the support order.

Analysis

The Court analyzed the procedures in place during the contempt hearing and found that the state failed to provide adequate safeguards to ensure a fair determination of Turner's ability to pay. The lack of inquiry into his financial situation and the absence of representation for Turner were significant factors in the Court's decision.

The court made no express finding concerning Turner's ability to pay his arrearage (though Turner's wife had voluntarily submitted a copy of Turner's application for disability benefits). Nor did the judge ask any followup questions or otherwise address the ability-to-pay issue.

Conclusion

The Supreme Court vacated the judgment of the South Carolina Supreme Court and remanded the case for further proceedings, emphasizing the need for due process protections in civil contempt cases involving child support.

The judgment that the father was not entitled to counsel was vacated, and the case was remanded for further proceedings.

Who won?

The petitioner, Michael Turner, prevailed because the Supreme Court found that he was denied due process in the contempt proceedings.

The South Carolina Supreme Court decided Turner's appeal after he had completed his sentence. And it rejected his 'right to counsel' claim.

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