Due Process

The elements

Turner v. Rogers

Legal authority

Turner v. Rogers

564 U.S. 431 (2011)

United States Supreme Court

The Supreme Court addressed civil-contempt incarceration for child-support nonpayment and emphasized procedural protections where counsel is not provided, including:

notice that ability to pay is a critical issue
an opportunity to present financial information
an opportunity to dispute financial information
an express finding concerning ability to pay

Due-process checklist

Before a person is incarcerated, ask. Tick each item you can actually answer from the record in a given case.

0 of 17 answered from the record

The elements

Fourteenth Amendment

New York Constitution, Article I, Section 6

Notice

Service of process

Personal jurisdiction

Subject-matter jurisdiction

Meaningful opportunity to be heard

Right to present evidence

Ability to pay

Willfulness

Right to counsel

Civil contempt

Purge conditions

Parent-child liberty interest

Religious liberty

Judicial authority

Turner v. Rogers

Turner v. Rogers

Due-process checklist